Pellicer
Pellicer v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Carmen O. Pellicer, a native and citizen of the Philippines, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the order of an Immigration Judge (“IJ”) denying her motion to reopen deportation proceedings. We have jurisdiction pursuant to 8 U.S.C. § llOSafa), 1 and we grant the petition.
*402 We review for abuse of discretion the BIA’s denial of a motion to reopen. See Arrozal v. INS, 159 F.3d 429, 432-33 (9th Cir.1998). The BIA abused its discretion by allowing the IJ to apply the stop-time rule to Pellicer prior to its effective date. See Guadalupe-Cruz v. INS, 240 F.3d 1209 , 1212 (9th Cir.2001). When the BIA expressly adopts the IJ’s findings and reasoning, as the BIA here adopted the IJ’s discretionary analysis, this court will review the decision of the IJ as if it were that of the BIA. Al-Harbi v. INS, 242 F.3d 882, 887 (9th Cir.2001) (citing Alaelua v. INS, 45 F.3d 1379, 1382 (9th Cir.1995)). The IJ abused his discretion by denying Pellicer’s motion without adequately weighing the substantial equities in her favor. See Arrozal, 159 F.3d at 432-34 .