Biniam Geberehiwot v. Loretta E. Lynch , 645 F. App'x 549 ( 2016 )

FILED
NOT FOR PUBLICATION MAR 23 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BINIAM NEGASH GEBEREHIWOT, No. 14-70450
Petitioner, Agency No. A087-993-427
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Biniam Negash Geberehiwot, a native of Ethiopia and a citizen of Eritrea,
petitions for review of the Board of Immigration Appeals’ order dismissing his
appeal from an immigration judge’s (“IJ”) decision denying his motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
abuse of discretion the denial of a motion to reopen. Oyeniran v. Holder, 672 F.3d
800, 806 (9th Cir. 2012). We grant and remand the petition for review.
Under the particular circumstances of this case, the agency abused its
discretion in denying Geberehiwot’s motion to reopen. Although the corroborative
evidence Geberehiwot submitted with his motion predated his former hearing, the
record indicates that the IJ did not give Geberehiwot notice and an opportunity to
provide such evidence to corroborate his credible testimony. See Ren v. Holder,
648 F.3d 1079, 1090 (9th Cir. 2011) (“[A]n IJ must provide an applicant with
notice and an opportunity to either produce the evidence or explain why it is
unavailable before ruling that the applicant has failed in his obligation to provide
corroborative evidence and therefore failed to meet his burden of proof.”).
Thus, we grant the petition for review and remand for further proceedings
consistent with this disposition.
PETITION FOR REVIEW GRANTED; REMANDED.
2 14-70450