Shirin Etemadi v. Immigration and Naturalization Service

29 F.3d 631 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Shirin ETEMADI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70781. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided June 24, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Shirin Etemadi, a native and citizen of Iran, petitions for review of a Board of Immigration Appeals (BIA) order which denied Etemadi's motion to reopen her deportation proceedings to allow her to apply for suspension of deportation. The BIA denied the motion on the ground that Etemadi failed to establish prima facie eligibility for suspension of deportation. We have jurisdiction under 8 U.S.C. Sec. 1105a(a). We review the BIA's denial of a motion to reopen for abuse of discretion, Limsico v. INS, 951 F.2d 210, 213 (9th Cir.1991). Because we find the BIA abused its discretion in failing to consider all the evidence Etemadi presented, we grant the…