Miranda
Miranda v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Natividad Castillo Miranda (“Miranda”) petitions for review of (i) a decision of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of her request for cancellation of removal (No. 04-72567); and (ii) a BIA decision denying her motion for reconsideration (No. 04-73599). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant Miranda’s petition for review and remand for further proceedings in No. 04-72567, and we dismiss as moot her petition in No. 04-73599.
We review de novo whether the BIA erred in failing to address separately a petitioner’s motion to remand to the IJ to consider new evidence. Narayan v. Ashcroft, 384 F.3d 1065, 1068 (9th Cir.2004). We review for abuse of discretion the denial of a motion to remand. Guzman v. *641 INS, 318 F.3d 911 , 912 n. 1 (9th Cir.2003) (per curiam).
The IJ denied Miranda’s application for cancellation of removal because she failed to establish that her removal would cause “exceptional and extremely unusual hardship” to a qualifying relative. 8 U.S.C. § 1229b(b)(1)(D). While her appeal to the BIA was pending, Miranda filed a motion to remand in light of the recent birth of…