Zumel

Zumel v. Gonzales

Good Law
125 F. App'x 841
United States Court of Appeals for the Ninth CircuitApril 4, 2005No. 03-73630; Agency Nos. A76-611-080, A76-611-081California691 words

Opinion

Lead Opinion

MEMORANDUM ***

Peter and Gemma Zumel, married natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their motion to reconsider the BIA’s denial of a motion to remand cancellation of removal proceedings, for the purpose of presenting new information regarding the health of their elder United States citizen son. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, see Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), we grant the petition for review and remand for further proceedings.

The BIA abused its discretion in concluding that the Zumels’ motion to reconsider did not identify “any ... error in our previous analysis that would move us to reconsider our decision.” 8 C.F.R. § 1003.2 (b)(1) requires that “[a] motion to reconsider ... specify[ ] the errors of fact or law in the prior Board decision.” The Zumels’ motion to reconsider contended that the BIA “failed to adequately consider all the evidence with respect to [Sean’s neurofibromatosis].” We agree. The Board’s statement that “there is nothing in the record to suggest that ... comparable medical care would not be available in…

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