FILED
NOT FOR PUBLICATION NOV 16 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ISMAEL CORNEJO-REYES, No. 11-73235
Petitioner, Agency No. A089-270-002
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 13, 2012 **
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Ismael Cornejo-Reyes, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
to seek adjustment of status. We have jurisdiction under 8 U.S.C. § 1252. We
*
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).
review for abuse of discretion the denial of a motion to reopen, Cano-Merida v.
INS, 311 F.3d 960, 964 (9th Cir. 2002), and we grant the petition for review.
The BIA abused its discretion in denying Cornejo-Reyes’ motion to reopen
for failure to present sufficient evidence of a bona fide marriage to a United States
citizen where the evidence demonstrated that Cornejo-Reyes had known his wife
for at least six years prior to marriage, the couple lived together prior to marriage,
and his new wife was pregnant with his child. See Matter of Velarde-Pacheco, 23
I. & N. Dec. 253, 256 (BIA 2002) (en banc) (finding evidence that respondent and
his wife lived together prior to marriage and their United States citizen son’s birth
certificate to constitute clear and convincing evidence of a bona fide marriage).
We remand to the BIA for further proceedings consistent with this
disposition.
We dismiss as moot Cornejo-Reyes’ September 4, 2012, motion to remand
to the BIA.
PETITION FOR REVIEW GRANTED; REMANDED.
2 11-73235