Irma Wiraya v. Eric Holder, Jr.

MEMORANDUM

Irma Putri Wiraya, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reconsider, and we review de novo constitutional claims and questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We grant in part, deny in part, and dismiss in part the petition for review, and remand.

The BIA abused its discretion by denying Wiraya’s motion to reconsider as to changed country conditions on the ground that it gave Wiraya’s affidavit 'reduced weight. In giving Wiraya’s affidavit reduced weight because her statements were not based on her personal knowledge of current country conditions in Indonesia, the BIA erred in weighing the quality of the evidence in her motion to reopen. See Ghadessi v. INS, 797 F.2d 804, 806-07 (9th Cir.1986) (finding that the BIA abused its discretion by weighing quality, rather than sufficiency of evidence, in a motion to reopen); Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005) (‘We have long held that the BIA abuses its…