Garcia-Maciel

MEMORANDUM **

Ramiro Garcia-Maciel, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his request for remand to allow him to apply for suspension of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), 1 and we grant the petition.

We review for abuse of discretion the BIA’s denial of a motion to remand. See Popova v. INS, 273 F.3d 1251, 1257 (9th Cir.2001). The BIA properly determined that the stop-time rule applies to GarciaMaciel’s case. See Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). The BIA nevertheless abused its discretion by failing to consider evidence that Garcia-Maciel entered the United States in March 1986, more than seven years before the INS issued its Order to Show Cause. See Tukhowinich v. INS, 64 F.3d 460, 463 (9th Cir.1995).

We remand for the BIA to consider Garcia-Maciel’s motion to remand in light of this evidence.

Garcia-Maciel’s contentions that the stop-time rule is unconstitutional and should not apply in this case lack merit. See Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001).

*364 PETITION FOR REVIEW GRANTED.

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