Alba

Alba v. Gonzales

Good Law
148 F. App'x 593
United States Court of Appeals for the Ninth CircuitAugust 16, 2005No. 02-73133California403 words

Opinion

Lead Opinion

*594 MEMORANDUM *

The Perez Alba family 1 appeals the Board of Immigration Appeal’s (BIA) denial of their motion to reopen deportation proceedings. The BIA’s decision to deny a motion to reopen is reviewed for an abuse of discretion. Socop-Gonzalez v. INS, 272 F.3d 1176, 1187 (9th Cir.2001) (en banc). The failure to offer a reasoned explanation for denying a motion to reopen or distorting or disregarding an alien’s claim is an abuse of discretion. See Maravilla Maravilla v. Ashcroft, 381 F.3d 855, 858 (9th Cir.2004); Kostantinov v. INS, 195 F.3d 528, 529 (9th Cir.1999). In this case, the BIA failed to fully and adequately explain its decision for denying the motion to reopen. The BIA said the motion was denied because the petitioners did not submit an approved visa petition or an application for adjustment of status. As family preference applicants, however, they are not required to submit an approved visa petition. 8 C.F.R. § 245.2 (a)(2)(i)(B). Furthermore, the BIA said the petitioners did not “appear” to meet the criteria for administrative closing allowing them to apply for cancellation of removal, i.e. repapering. The petitioners either do or do not meet the criteria,…

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