Emetoh

MEMORANDUM **

Theodore Anyiam Emetoh, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003), we grant in part and dismiss in part the petition for review.

Emetoh filed a motion to reopen to apply for adjustment of status which the BIA denied because it did not include clear and convincing evidence of a strong likelihood that his marriage is bona fide. The Bureau of Citizenship and Immigration Services subsequently approved the 1-130 filed by Emetoh’s wife.

The BIA mischaracterized the declaration Emetoh submitted with his motion to reopen as stating only that his marriage was entered into in good faith, when in fact the declaration went on to attest to Eme-toh and his wife’s cohabitation. See Kon-stantinova v. INS, 195 F.3d 528, 529 (9th Cir.1999) (“[t]he BIA abuses its discretion when it distorts or disregards important aspect of the alien’s claims”). When fully considered, the evidence Emetoh submitted with the motion to reopen establishes a prima facie…