Bonilla-Machado

Bonilla-Machado v. Gonzales

Good Law
232 F. App'x 728
United States Court of Appeals for the Ninth CircuitMay 23, 2007No. 05-73170California354 words

Opinion

Lead Opinion

MEMORANDUM **

Elsie Maribel Bonilla-Machado, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals (“BIA”) adopting and affirming an immigration judge’s (“IJ”) decision denying her motion to reopen deportation proceedings in which she was ordered deported in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and review the denial of a motion to reopen for abuse of discretion. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We grant the petition for review and remand for further proceedings.

We disagree with the government that this case is controlled by Farhoud v. INS, 122 F.3d 794 (9th Cir.1997), as in Farhoud the “[pjetitioner’s only claim ... was that he did not actually and personally receive the notice of hearing.” Id. at 796 . Bonilla-Machado’s contention, by contrast, is that her notice was improperly delivered.

We conclude that the agency abused its discretion in denying the motion to reopen. The BIA’s statement that Bonilla-Machado “fail[ed] to provide a complete address” is unsupported because the record nowhere indicates that the address she provided was incomplete. Moreover, the IJ’s conclusory…

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