Ridwan Widjaja v. Jefferson Sessions, III


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 31 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RIDWAN DJUNARDI WIDJAJA, No. 13-72063 Petitioner, Agency No. A096-360-112 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 22, 2018** Before: SILVERMAN, GRABER, and GOULD, Circuit Judges. Ridwan Djunardi Widjaja, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition and remand. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We grant the respondent’s unopposed motion for judicial notice. Because the BIA did not have the benefit of our intervening opinion in Salim v. Lynch, 831 F.3d 1133 (9th Cir. 2016) when rendering its decision in this case, we grant the petition and remand to allow the agency to address the application of Salim, if any, to Widjaja’s motion to reopen. PETITION FOR REVIEW GRANTED; REMANDED. 2 13-72063 13-72063 Court of Appeals for the Ninth Circuit ca9 9th Cir. Ridwan Widjaja v. Jefferson Sessions, III 31 October 2018 Agency Unpublished 49a60ef20757722c361eb624adf16b4946c97edc

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals