Rosa Elena CONTRERAS-DE ELENA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 395 F. App'x 372

MEMORANDUM Rosa Elena Contreras-De Elena, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her motion to reopen exclusion proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand. The BIA dismissed Contreras-De Elena’s appeal as moot because she departed during the pendency of her appeal. In an intervening opinion, Coyt v.

Holder, 593 F.3d 902, 907 (9th Cir.2010), this court held that a petitioner’s physical removal by the government while his motion to reopen was pending did not constitute withdrawal of the motion. We remand for the BIA to reconsider whether Contreras-De Elena’s appeal is withdrawn in light of our holding in Coyt. In light of our disposition, we need not reach Contreras-De Elena’s remaining contentions. PETITION FOR REVIEW GRANTED; REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.