FILED
NOT FOR PUBLICATION MAR 24 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ELFEGO LOPEZ GARZON, No. 07-74350
Petitioner, Agency No. A075-318-977
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Elfego Lopez Garzon, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen.
We have jurisdiction pursuant to 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).
TL/Research
discretion the denial of a motion to reopen. Franco-Rosendo v. Gonzales, 454 F.3d
965, 966 (9th Cir. 2006). We grant the petition for review and remand.
The BIA abused its discretion when it denied Lopez Garzon’s motion to
reopen because it failed to properly consider evidence of the future hardship
resulting from his U.S. citizen son’s diagnosis of ocular neuritis and his permanent
loss of vision in his left eye. See id.
PETITION FOR REVIEW GRANTED; REMANDED.
TL/Research 2 07-74350