TOMPODUNG v. WHITAKER (2018)

United States Court of Appeals, Ninth Circuit.

Ecky Marto TOMPODUNG and Ivonne Marlyn Tompodung, aka Efonia Marlet Tompodung, Petitioners, v. Matthew G. WHITAKER, Acting Attorney General, Respondent.

No. 12-73479

Decided: December 20, 2018

Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges.

Armin Alexander Skalmowski, Law Office of Armin Skalmowski, Alhambra, CA, for Petitioners. John M. McAdams, Jr., OIL, 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.

MEMORANDUM **

Ecky Marto Tompodung and Ivonne Marlyn Tompodung, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals' (“BIA”) order denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition and remand.

Because the BIA did not have the benefit of our intervening opinion 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 petitioners' motion to reopen.

PETITION FOR REVIEW GRANTED; REMANDED.

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