Yalda Youssef v. Eric Holder, Jr.

MEMORANDUM

Yalda Milad Youssef, a native and citizen of Lebanon, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his third motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and for substantial evi- denee the BIA’s factual findings. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We grant in part and dismiss in part the petition for review, and remand for further proceedings.

The BIA abused its discretion in denying Youssefs motion to reopen where Youssef submitted evidence of changed circumstances in Lebanon. See 8 C.F.R. § 1003.2 (c)(3)(ii). The proffered evidence, when viewed collectively, indicated that Youssefs parents were shot and wounded by Muslim extremists in Lebanon on September 26, 2010, because of their religious activities and that Youssefs life now would be in similar jeopardy if he were to return to Lebanon. The BIA did not find the proffered evidence to be inherently unbelievable. Therefore, substantial evidence does not support the BIA’s determinations that the proffered evidence did not reflect changed country…