Lot Aner Fonseca-Molina v. Immigration and Naturalization Service

91 F.3d 151 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lot Aner FONSECA-MOLINA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70633. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1996. * Decided July 15, 1996. Before: HUG, Chief Judge, SCHROEDER and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Lot Aner Fonseca-Molina, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals ("BIA") denying his motion to reopen in absentia deportation proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), and we grant the petition. 3 Fonseca-Molina contends that the BIA abused its discretion by denying his motion to reopen because he established "reasonable cause" for his failure to appear at his deportation hearing. This contention has merit. 4 We review the denial of a motion to reopen for abuse of discretion. Hernandez-Vivas v. INS, 23 F.3d 1557, 1560 (9th Cir.1994). 5…