FILED
NOT FOR PUBLICATION MAR 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HAI YAN ZHANG, No. 09-71453
Petitioner, Agency No. A075-123-763
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Hai Yan Zhang, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s (“IJ”) decision ordering her removed. We have jurisdiction
under 8 U.S.C. § 1252. We review de novo claims of due process violations.
*
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).
Ibarra-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir. 2006). We grant the
petition for review and remand.
The BIA may violate an alien’s due process rights on appeal if it fails to
consider relevant evidence. See Larita-Martinez v. INS, 220 F.3d 1092, 1095 (9th
Cir. 2000). The record does not reflect that the BIA or IJ considered evidence
submitted by Zhang that her U.S. citizen children would suffer hardship if she were
removed to China because, as U.S. citizens, they would not be able to legally
reside in China with her without regularly obtaining visas. Moreover, Zhang has
established prejudice because consideration of this evidence may have affected the
outcome of the proceedings. See Colmenar v. INS, 210 F.3d 967, 972 (9th Cir.
2000). We therefore remand to allow the BIA to consider this evidence.
PETITION FOR REVIEW GRANTED; REMANDED.
2 09-71453