ECKY TOMPODUNG V. MATTHEW WHITAKER, No. 12-73479 (9th Cir. 2018)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 20 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ECKY MARTO TOMPODUNG and IVONNE MARLYN TOMPODUNG, aka Efonia Marlet Tompodung, No. 12-73479 Agency Nos. A078-020-376 A097-351-366 Petitioners, MEMORANDUM* v. MATTHEW G. WHITAKER, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 17, 2018** Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges. 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 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. 2 12-73479

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