Sauceda-Corrales
Sauceda-Corrales v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Petitioner Guadalupe Sauceda-Corrales petitions for review of the denial by the Board of Immigration Appeals (“BIA”) of his motion to reopen his application for suspension of deportation based on new evidence. As the parties are familiar with the facts, procedural history, and arguments, we will not recount them here. We review the BIA’s decision for the abuse of discretion. Monjaraz-Munoz v. INS, 327 F.3d 892, 895 (9th Cir.2003). We grant the petition.
The BIA held that the motion to reopen “essentially restates the claims previously raised and evaluated on appeal and decided by this Board,” and that the motion “fails to present significant new evidence ... that would justify granting relief.” Both of these statements are incorrect.
Previously, Sauceda-Corrales’ claim of hardship to his U.S. citizen children, if he was deported, was based on the premise that he would leave the children in the United States with their mother and that they would suffer by being raised without him. After the initial decision to deny Sauceda-Corrales’ request for suspension of deportation, his wife was ordered deported to Guatamala, and her appeal from that order was dismissed. It is…