Lopez Garzon v. Holder

MEMORANDUM

Elfego Lopez Garzón, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Franco-Rosendo v. Gonzales, 454 F.3d 965, 966 (9th Cir.2006). We grant the petition for review and remand.

The BIA abused its discretion when it denied Lopez Garzon’s motion to reopen because it failed to properly consider evidence of the future hardship resulting from his U.S. citizen son’s diagnosis of ocular neuritis and his permanent loss of vision in his left eye. See id.

PETITION FOR REVIEW GRANTED; REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.