TELMA RAMIREZ GREGORIO V. ERIC HOLDER, JR., No. 12-70658 (9th Cir. 2014)
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FILED JUL 11 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT TELMA JUDITH RAMIREZ GREGORIO, No. 12-70658 Agency No. A075-588-097 Petitioner, MEMORANDUM* v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 9, 2014 ** Portland, Oregon Before: PREGERSON, PAEZ, and WATFORD, Circuit Judges. Telma Judith Ramirez Gregorio ( Ramirez Gregorio ), a native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals ( BIA ) * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition in part, dismiss in part, and remand. The BIA abused its discretion in denying Ramirez Gregorio s motion to reopen. Ramirez Gregorio presented significant evidence of changed country conditions in Guatemala. See 8 C.F.R. § 1003.2(c)(3)(ii). This evidence showed that femicide in Guatemala has increased significantly in the years since Ramirez Gregorio s removal proceedings. Thus, we grant Ramirez Gregorio s petition for review with respect to her motion to reopen, based on changed country conditions in Guatemala. See Toufighi v. Mukasey, 538 F.3d 988, 996 (9th Cir. 2008); Malty v. Ashcroft, 381 F.3d 942, 945-46 (9th Cir. 2004). We lack jurisdiction over Ramirez Gregorio s other claims for relief. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir. 2012) (order) (no jurisdiction over exercise of prosecutorial discretion); Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011) (no jurisdiction over BIA s decision not to reopen proceedings sua sponte); Esquivel-Garcia v. Holder, 593 F.3d 1025, 1030 (9th Cir. 2010) (no jurisdiction over denial of voluntary departure). Thus, we dismiss the petition with respect to these claims 2 We GRANT Ramirez Gregorio s petition in part, DISMISS in part, and REMAND for proceedings consistent with this disposition. The government shall bear the costs of this petition for review. GRANTED in part; DISMISSED in part; REMANDED. 3
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