Singh

MEMORANDUM ***

Jagroop Singh, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen removal proceedings based on changed circumstances. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Ordonez v. INS, 345 F.3d 777, 782 (9th Cir.2003). We grant the petition for review.

The BIA abused its discretion in denying Singh’s motion to reopen because his *902 evidence is sufficient to establish prima facie eligibility for asylum and withholding of removal. See Malty v. Ashcroft, 381 F.3d 942, 947 (9th Cir.2004) (facts in support of motion to reopen must be accepted as true unless inherently unbelievable); Hernandez-Ortiz v. INS, 777 F.2d 509, 513 (9th Cir.1985) (prima facie eligibility established when evidence, if true, would satisfy requirements for relief).

According to Singh, the police twice arrested and beat him, and threatened his life, because he and his family assisted a pro-Khalistan political group. His brother was killed by police for his political activity, and his father, mother and wife have been arrested and mistreated. The…