Alejo Ceja v. Holder

MEMORANDUM

Jesus Alejo-Ceja and Leticia Avila-Flores (the Alejos), natives and citizens of Mexico, petition for review of the BIA’s denial of their motion to reopen removal proceedings and its subsequent denial of their motion to reconsider that decision. We have jurisdiction to review the BIA’s denial of the Alejos’ motion to reopen, which offered evidence of a newly discovered serious medical condition afflicting their older U.S. citizen daughter, Maira. Fernandez v. Gonzales, 439 F.3d 592, 601-02 (9th Cir.2006) (holding that this court has jurisdiction to review the BIA’s denial of a motion to reopen when the newly submitted evidence establishes a new basis for relief, such as a newly discovered medical condition affecting a qualifying relative). We review the BIA’s denial of motions to reopen and motions to reconsider for abuse of discretion, including for legal errors. Oh v. Gonzales, 406 F.3d 611, 612 (9th Cir.2005); Iturribama v. INS, 321 F.3d 889, 894 (9th Cir.2003). We conclude that the BIA abused its discretion when it denied the Alejos’ motion to reopen because it failed to properly consider the evidence of Maira’s newly discovered men tal health problem. Therefore, we…