Lata

Lata v. Gonzales

Good Law
165 F. App'x 563
United States Court of Appeals for the Ninth CircuitFebruary 1, 2006No. 02-73665California575 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Helen Lata Singh (“Lata”), an Indo-Fijian citizen of Fiji, petitions for review of two decisions of the Board of Immigration Appeals (“BIA”). Because the parties are familiar with the facts, we do not recite them in detail. We grant the first petition, but deny the second petition.

The first BIA decision denied Lata’s first motion to reopen her asylum and withholding of removal proceedings. We review the BIA’s denial of a motion to reopen for abuse of discretion. Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004). We review the BIA’s factual findings for substantial evidence. Hamoui v. Ashcroft, 389 F.3d 821, 826 (9th Cir.2004).

The BIA abused its discretion by failing to give specific reasons for its decision. See Mohammed v. Gonzales, 400 F.3d 785, 792 (9th Cir.2005) (‘We have held that the BIA must issue a decision that fully explains the reasons for denying a motion to reopen.” (citation omitted)). The BIA’s analysis of Lata’s motion consisted of a single sentence: “The motion and accompanying evidence fail to make a prima facie showing that the respondent is eligible for the relief requested.” This decision fails to address Lata’s evidence, and…

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