Gonzalez

Gonzalez v. Holder

Good Law
332 F. App'x 392
United States Court of Appeals for the Ninth CircuitJune 1, 2009No. 05-76213California507 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioners Jose Morales Gonzalez and Isabel Morales (“Petitioners”) seek review of the Board of Immigration Appeals (“BIA”) decision dismissing their motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we reverse.

We review denials of motions to reopen or reconsider under an abuse of discretion standard. Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002) (citing Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996)). Reversal is only appropriate where the BIA’s denial of the motion to reopen is “arbitrary, irrational, or contrary to law.” Id. (citing Ahwazi v. INS, 751 F.2d 1120, 1122 (9th Cir.1985)).

The BIA provided only one sentence of explanation in support of its denial of the motion to reopen: “[W]e do not find that the evidence submitted in support of the motion to reopen establishes prima facie eligibility for any relief from removal.”

The BIA abused its discretion because it failed to provide “specific and cogent reasons for its decision.” Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). The BIA failed to provide a reasoned explanation because it merely restated the standard of “prima facie eligibility” rather than explaining why…

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