FILED
NOT FOR PUBLICATION JUL 30 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIA CAROLINA SOLIS- No. 08-71666
GONZALEZ,
Agency No. A078-663-825
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 19, 2010 **
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
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.
*
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).
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.
2 08-71666