U.S. Court of Appeals for the Ninth Circuit, 2010

Maria Solis-Gonzalez v. Eric H. Holder Jr.

Maria Solis-Gonzalez v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided July 30, 2010 · Fletcher, Reinhardt, Wardlaw
389 F. App'x 743

Maria Solis-Gonzalez v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

*744 Maria Carolina Solis-Gonzalez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review, and remand.

With her motion to reopen, Solis-Gonzalez submitted evidence that after her hearing, her U.S. citizen father moved in with her, had hernia surgery, and became suicidal. The BIA abused its discretion in determining that this previously unavailable material evidence was insufficient to warrant reopening. See Fernandez v. Gonzales, 439 F.3d 592, 601 (9th Cir. 2006); Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002); see also 8 C.F.R. § 1003.2(c)(1).

PETITION FOR REVIEW GRANTED; REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provid *744 ed by 9th Cir. R. 36-3.

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