WIDJAJA v. SESSIONS III (2018)

United States Court of Appeals, Ninth Circuit.

Ridwan Djunardi WIDJAJA, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 13-72063

Decided: October 31, 2018

Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.

David M. Haghighi, Attorney, Law Offices of David M. Haghighi, APC, Los Angeles, CA, for Petitioner Don George Scroggin, Esquire, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

MEMORANDUM **

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.

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.

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