Hector Milla-Perez v. Loretta E. Lynch

653 F. App'x 858

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 2, 2016
• Docket: 14-71020
• Status: Unpublished

Opinion

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.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.