Hayrabedyan
Hayrabedyan v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Arayik Hayrabedyan, a native of Armenia, petitions for review of the Board of *508 Immigration Appeals’ order affirming without opinion the decision of the Immigration Judge (“IJ”) denying his motion to reopen removal proceedings conducted in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the denial of a motion to reopen for abuse of discretion, Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000), and we grant the petition for review.
The IJ abused his discretion when he concluded that Hayrabedyan did not show exceptional circumstances for failing to appear at his removal hearing. See Singh v. INS, 295 F.3d 1037, 1039, 1040 (9th Cir.2002) (exceptional circumstances existed when petitioner was late for hearing and had approved immediate relative visa petition, had appeared at all previous hearings, and removal would have had the unconscionable result of deporting an individual eligible for relief from deportation).
Hayrabedyan submitted evidence with his motion to reopen that he is the putative beneficiary of a pending asylee relative petition filed by his wife. See Matter of Velarde-Pacheco, 23 I. & N. Dec. 253 , 2002 WL 393173 (BIA 2002)…