Huezo-Landaverde

Huezo-Landaverde v. Mukasey

Good Law
262 F. App'x 70
United States Court of Appeals for the Ninth CircuitDecember 28, 2007No. 06-75376California458 words

Opinion

lead Opinion

MEMORANDUM **

Mario Ernesto Huezo-Landaverde, a native and citizen of El Salvador, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings in which he was ordered removed in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Socop-Gonzalez v. INS, 272 F.3d 1176, 1187 (9th Cir.2001) (en banc), we grant the petition for review in part, deny it in part, and remand.

Applying a “practical and commonsensical” test, Sembiring v. Gonzales, 499 *72 F.3d 981, 988 (9th Cir.2007), we conclude that the BIA abused its discretion in rejecting Huezo-Landaverde’s contention that he was not provided proper notice of the hearing he missed. The BIA’s decision does not indicate that it considered factors we have held are relevant: Huezo-Landaverde’s long period of lawful residence, his attendance at an initial immigration proceeding, and the interaction he had with the Seattle immigration office are not mentioned. See id. (identifying motive to avoid a hearing; attendance at a prior hearing; and bringing oneself to the…

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