Castro-Gonzalez

MEMORANDUM **

Appellant Ignacio Ebelio Castro-Gonzalez (“Castro-Gonzalez”) seeks review of the Board of Immigration Appeals (“BIA”)’s denial of a motion to reopen his deportation proceedings to apply for relief under the Convention Against Torture (“CAT”). The BIA denied Castro-Gonzalez’s motion because it found that he failed to demonstrate prima facie eligibility for relief under the CAT. We VACATE the BIA’s decision not to reopen Castro-Gonzalez’s deportation proceedings and remand the case to the BIA for reconsideration in light of Kamalthas v. INS, 251 F.3d 1279 (9th Cir.2001).

The parties are familiar with the facts and the procedural history of the case. Therefore, we do not repeat them here.

The BIA’s decision whether to reopen a case is reviewed for an abuse of discretion. INS v. Doherty, 502 U.S. 314, 324 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992); Kamalthas, 251 F.3d at 1281 . However, any underlying issues of law are reviewed de novo. Varela v. INS, 204 F.3d 1237, 1239 (9th Cir.2000). “The BIA abuses its discretion when it fails to offer a reasoned explanation for its decision, distorts or disregards important aspects of the alien’s claim.” Konstantinova v. INS, 195…