Parra-Santos v. Holder , 382 F. App'x 601 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 08 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
REY PARRA-SANTOS, No. 07-73537
Petitioner, Agency No. A076-705-185
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Rey Parra-Santos, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
proceedings to apply for adjustment of status. We have jurisdiction under 8 U.S.C.
*
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).
§ 1252. Reviewing for abuse of discretion, Malhi v. INS, 336 F.3d 989, 993 (9th
Cir. 2003), we grant the petition for review.
The BIA abused its discretion in denying Parra-Santos’ motion to reopen
where the record establishes that he did submit the August 6, 2005, approval notice
of his immigrant visa petition filed on his behalf by his United States citizen
spouse, and this constitutes sufficient evidence of the bona fides of his marriage.
See 8 C.F.R. § 1245.1(c)(8)(v) (2008) (an approved immigrant visa petition “will
be considered primary evidence of eligibility for the bona fide marriage
exemption”).
PETITION FOR REVIEW GRANTED; REMANDED.
2 07-73537