653 F. App'x 858

Hector Neptaly MILLA-PEREZ, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

No. 14-71020

United States Court of Appeals, Ninth Circuit.

Submitted May 24, 2016 *

June 2, 2016

Zulu Ali, Law Office of Zulu Ali, Riverside, CA, for Petitioner.

OIL, Jennifer A. Singer, DOJ -U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Chief Counsel ICE, Office of the Chief Counsel, San Francisco, CA, for Respondent.

Before: REINHARDT, W. FLETCHER, and OWENS, Circuit Judges.

MEMORANDUM **

Hector Neptaly Milla-Perez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion.to reopen. Bhasin v, Gonzales, 423 F.3d 977, 983 (9th Cir.2005). We grant the petition for review and we remand.

The BIA abused its discretion in denying Milla-Perez’s motion to reopen because it discredited the testimony in his supporting declaration. Nee id. at 986-87 (“We have long held that credibility determinations on motions to reopen are inappropriate. Indeed, facts presented in affidavits supporting a motion to reopen must be accepted as true unless inherently unbelievable.”) (citation omitted). Thus, the BIA abused its discretion in denying Mil-la-Perez’s motion to reopen. See id. at 989. We grant the petition for review and remand for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

PETITION FOR REVIEW GRANTED; REMANDED.

Milla-Perez v. Lynch
653 F. App'x 858

Case Details

Name
Milla-Perez v. Lynch
Decision Date
Jun 2, 2016
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653 F. App'x 858

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United States

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