
    Luis Manuel COELHO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 08-72115.
    United States Court of Appeals, Ninth Circuit.
    Submitted April 20, 2011.
    
    Filed April 22, 2011.
    Nora Elizabeth Milner, Milner & Markee, LLP, San Diego, CA, for Petitioner.
    
      OIL, Jacob Bashyrov, Esquire, Francis William Fraser, I, Esquire, Senior Litigation Counsel, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Luis Manuel Coelho, a native and citizen of Portugal, petitions for review of the Board of Immigration Appeals’ (“BIA”) order rejecting his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.

The BIA rejected Coelho’s motion to reopen without the benefit of our decision in Reyes-Torres v. Holder, 645 F.3d 1073, 2011 WL 1312570 (9th Cir.2011) (mandate pending), in which we concluded that 8 C.F.R. § 1003.2(d) did not apply to preclude a motion to reopen filed after the petitioner had been removed. See Reyes-Torres, 645 F.3d at 1075-78, 2011 WL 1312570, at *2-*3 (citing Coyt v. Holder, 593 F.3d 902 (9th Cir.2010)). We remand to the BIA in light of this intervening ease law.

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.
     