Claudio Flores v. Eric Holder, Jr.

MEMORANDUM

Claudio Adalberto Flores, a native and citizen of El Salvador, petitions for review of the Board of Immigrations Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order denying his motion to reopen removal proceedings held in absentia. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Celis-Castellano v. Ashcroft, 298 F.3d 888, 890-91 (9th Cir.2002). We grant the petition and remand for further proceedings.

Substantial evidence does not support the IJ’s findings that there was no evidence that Flores had been diagnosed with a mental health disorder or that his mental health problems prevented him from attending his hearing. The record indicates that Flores was diagnosed as psychotic but refused treatment and that he told his mother he did not have to attend his hearing. Because the IJ relied on unsupported findings in reaching the conclusion that Flores failed to establish “exceptional circumstances” excusing his failure to appear, see 8 U.S.C. § 1229a(b)(5)(C), we remand to the BIA for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12,…