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No. 8646139
United States Court of Appeals for the Ninth Circuit
Sanchez v. Mukasey
No. 8646139 · Decided December 10, 2007
No. 8646139·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 10, 2007
Citation
No. 8646139
Disposition
See opinion text.
Full Opinion
MEMORANDUM *** Alfredo Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the Immigration Judge’s decision denying his application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition for review and remand. The BIA did not provide a reasoned explanation in its order denying Sanchez’s motion to file an untimely brief, so we are unable to meaningfully review the order. See Garcia Gomez v. Gonzales, 498 F.3d 1050, 1051 (9th Cir.2007) (per curiam) (remanding where BIA order denying motion to file untimely brief stated only that reason was insufficient to accept the brief in the exercise of discretion). We remand for the BIA to either articulate its reasons for denying the motion, or consider Sanchez’s brief. We do not reach Sanchez’s unexhausted ineffective assistance of counsel claim. PETITION FOR REVIEW GRANTED; REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM *** Alfredo Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the Immigration Judge’s decision denying his application for cancellation of
Key Points
01MEMORANDUM *** Alfredo Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the Immigration Judge’s decision denying his application for cancellation of
02The BIA did not provide a reasoned explanation in its order denying Sanchez’s motion to file an untimely brief, so we are unable to meaningfully review the order.
03Gonzales, 498 F.3d 1050, 1051 (9th Cir.2007) (per curiam) (remanding where BIA order denying motion to file untimely brief stated only that reason was insufficient to accept the brief in the exercise of discretion).
04We remand for the BIA to either articulate its reasons for denying the motion, or consider Sanchez’s brief.
Frequently Asked Questions
MEMORANDUM *** Alfredo Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the Immigration Judge’s decision denying his application for cancellation of
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This case was decided on December 10, 2007.
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