Lopez

Lopez v. Holder

Good Law
321 F. App'x 645
United States Court of Appeals for the Ninth CircuitApril 6, 2009No. 06-72439California221 words

Opinion

Lead Opinion

MEMORANDUM **

Cuahutemoc Ramos Lopez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Salta v. INS, 314 F.3d 1076, 1078 (9th Cir.2002), we grant the petition for review and remand for further proceedings.

The BIA denied Lopez’s motion to reopen primarily because Lopez did not submit a sworn affidavit that neither he, nor any responsible party residing at his address, received notice of his rescheduled hearing. Lopez’s motion to reopen included an unsworn written statement from his mother, with whom Lopez lived, stating that Lopez did not receive notice of his rescheduled hearing, as well as circumstantial evidence of non-receipt. At the time of its decision, the BIA did not have the benefit of Sembiring v. Gonzales, 499 F.3d 981, 988-990 (9th Cir.2007) (holding that sufficient circumstantial evidence can overcome the presumption of effective service; petitioner is not required to submit a sworn affidavit alleging…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.