Corral-Solis

MEMORANDUM *

Victor Guillermo Corral-Solis, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an Immigration Judge’s (“IJ”) denial of his unopposed motion to reopen proceedings in which he was ordered removed in absentia. Reviewing for abuse of discretion, 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 erroneously relied on Corral-Solis’ failure to submit a police report, as “[e]orroboration of a credible declaration by an alien moving to reopen is not required.” Celis-Castellano v. Ashcroft, 298 F.3d 888, 892 (9th Cir.2002). Also, the submitted photographs and medical notes did corroborate that Corral-Solis’ injuries occurred.

The BIA additionally abused its discretion in determining that Corral-Solis “failed to substantiate that his injuries were severe enough to excuse his failure to appear for his hearing.” Corral-Solis made considerable efforts to notify the Immigration Court in a timely fashion, a factor that weighs in favor of finding exceptional circumstances. Id. Moreover, Corral-Solis declared, in detail and…