Walter de Jesus MONTERROSA-CRUZ, a.k.a. Walter De Jesus Monterrosa, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 397 F. App'x 346

MEMORANDUM Walter De Jesus Monterrosa-Cruz, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order summarily affirming his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand. The agency denied Monterrosa-Cruz’s request for relief under former

section 212(c), 8 U.S.C. § 1182(c) (repealed 1996), for failure to submit his fingerprints by the deadline imposed by the IJ. See 8 C.F.R. § 1003.47(c). The agency, however, did not have the benefit of our intervening decision in Cui v. Mukasey, 538 F.3d 1289 (9th Cir.2008), which held that refusing to continue proceedings for fingerprint processing may be an abuse of discretion. We remand for the agency to reconsider its denial of Monterrosa-Cruz’s application in light of Cui, 538 F.3d at 1292-95; see also Karapetyan v. Mukasey, 543 F.3d 1118, 1129-32 (9th Cir.2008). 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.