Yerwent Vartanian v. Immigration and Naturalization Service

89 F.3d 848 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Yerwent VARTANIAN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70272. United States Court of Appeals, Ninth Circuit. Submitted April 30, 1996. * Decided May 3, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Yerwent Vartanian, native and citizen of Syria, petitions for review of the Board of Immigration Appeals' ("BIA") decision denying his motion to reopen to apply for suspension of deportation under section 244(a)(1) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1254 (a)(1). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a) and we grant the petition. 3 We review the BIA's denial of a motion to reopen for an abuse of discretion. Aviles-Torres v. INS, 790 F.2d 1433, 1435 (9th Cir.1986). The BIA's discretion is not entirely unchecked and the BIA is required to "state its reasons and show proper consideration of all factors…