Alcazar-Gonzalez
Alcazar-Gonzalez v. Holder
Opinion
Opinion
MEMORANDUM
Artisia Yesenia Alcazar-Gonzalez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to remand to present new evidence in support of her application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to remand, Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir.2008), and we grant the petition for review and remand for further proceedings.
The BIA abused its discretion in denying Alcazar-Gonzalez’s motion to remand where the new evidence she presented with her motion was sufficient under In re Recinas, 23 I. & N. Dec. 467 (BIA 2002), to establish prima facie eligibility for cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592 , 600 n. 6 (9th Cir. 2006) (to establish a prima facie case, petitioner must show a reasonable likelihood of satisfying the statutory requirements for relief).
We therefore grant the petition for review and remand to the BIA with instructions to remand to the immigration judge for a new hearing on Alcazar-Gonzalez’s cancellation application.