Lisanu

MEMORANDUM **

Gebreyesus Lisanu, a native and citizen of Ethiopia, petitions for review from the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider the BIA’s summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of deportation, and suspension of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a. We review the BIA’s decision for abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We grant the petition for review.

The BIA improperly denied Lisanu’s motion for reconsideration on the grounds that Lisanu’s sole argument was barred under the BIA’s regulations. See 8 C.F.R. § 1003.2 (b)(3) (“A motion to reconsider based solely on an argument that the case should not have been affirmed without opinion by a single Board Member, or by a three-Member panel, is barred.”). The BIA should not have construed Lisanu’s motion so narrowly because Lisanu also argued that his marriage to a permanent resident (now a citizen), and his U.S. citizen child, made him eligible for permanent residence. To support his argument, in accordance with the requirements spelled out in In re…