Mirza

MEMORANDUM ***

Ghazanfar Mirza, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order (1) denying his motion to reopen to allow him an opportunity to apply for adjustment of status, and (2) dismissing his appeal from the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We grant in part and deny in part the petition.

The BIA adequately articulated the basis for its exercise of discretion to deny the motion to reopen, and the basis articulated—Mirza’s pattern of falsehoods in the proceedings—is legitimate. Cf. Fulgencio v. INS, 573 F.2d 596, 597-98 (9th Cir.1978) (upholding BIA’s refusal to grant discretionary relief based on petitioner’s false statements). The BIA failed, however, to address whether it would, in its discretion, deny the ultimate relief of adjustment of status even if it granted the motion to reopen, and thereby abused its discretion in denying the motion to reopen. See Hernandez-Ortiz v. INS, 777 F.2d 509, 518 (9th Cir.1985) (The BIA “may deny a motion to reopen if (a) in…