Shukurov v. Gonzales
Opinion of the Court
MEMORANDUM
Shohimjon Shukurov, a native and citizen of Uzbekistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an immigration judge’s (“IJ”) order denying Shukurov’s motion to reopen his removal proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Singh v. INS, 213 F.3d 1050, 1052 (9th Cir. 2000). We grant the petition for review and remand for further proceedings.
Shukurov’s motion to reopen included a declaration stating that he failed to appear at his hearing because his counsel’s secretary told him the wrong time of the hearing. The IJ concluded that a mistake as to the time of the hearing does not rise to the
PETITION FOR REVIEW GRANTED; REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Shohimjon SHUKUROV v. Alberto R. GONZALES, Attorney General
- Status
- Published