Baria

MEMORANDUM **

Rodolfo Monroy Baria, a native and citizen of the Philippines, petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reopen prior BIA proceedings in which the BIA rescinded Baria’s status as a resident alien. We have jurisdiction pursuant to 8 U.S.C. § HOSala), 1 and we grant the petition.

*256 We review for abuse of discretion the BIA’s denial of a motion to reopen. See INS v. Abudu, 485 U.S. 94, 104-05 , 108 S.Ct. 904 , 99 L.Ed.2d 90 (1988). To succeed on a motion to reopen, an alien must present evidence that is material and was “previously unavailable” in support of his claims. See INS v. Doherty, 502 U.S. 314, 326 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992); 8 C.F.R. § 3.23 (b)(3).

The BIA abused its discretion by considering only two of the four declarations Baria submitted with his motion. Cf. Villanueva-Franco v. INS, 802 F.2d 327, 330 (9th Cir.1986) (noting that the BIA decision must make it apparent that the BIA has fully heard and considered the relevant issues).

The BIA also abused its discretion by concluding that the evidence it did consider was not material because it was not “dispositive” of Baria’s claim.…