United States Ninth Circuit

A petition for review of the Board of Immigration Appeals' (BIA) denial of his motion to reopen his removal proceedings after he married a United States citizen and applied for a visa and adjustment of status is granted, where: 1) the BIA abused its discretion, whether because it based denial purely on the Department of Homeland Security's (DHS) opposition to the motion to reopen or on the merits of DHS' contention that petitioner failed to establish that he was not a public charge; 2) the BIA improperly accorded controlling weight to the fact that DHS opposed reopening, without analyzing whether the basis of the opposition was correct; and 3) the BIA abused its discretion because it failed to provide any reasoned explanation for its decision.

Appellate Information

• Decided 02/26/2014
• Published 02/26/2014

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel