Eli Escobar v. Eric Holder, Jr. ( 2012 )

FILED
NOT FOR PUBLICATION JUL 10 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ELI MIMI LOPEZ-ESCOBAR, No. 09-70445
Petitioner, Agency No. A071-582-164
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2012 **
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Eli Mimi Lopez-Escobar, a native and citizen of Guatemala, 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 review for abuse of
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
discretion the denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992
(9th Cir. 2008), and we grant the petition for review.
In denying the motion, the BIA found the evidence suggests the guerillas
spare relatives from retribution. The BIA abused its discretion in denying the
motion because it failed to address the evidence of direct threats to her family
submitted by Lopez-Escobar. See Franco-Rosendo v. Gonzales, 454 F.3d 965, 966
(9th Cir. 2006) (the BIA abuses its discretion in denying a motion to reopen “when
it fails to consider and address in its entirety the evidence submitted by a
petitioner”) (internal quotation marks omitted)).
PETITION FOR REVIEW GRANTED.
2 09-70445