Sohan Singh v. Loretta E. Lynch

667 F. App'x 177

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 22, 2016
• Docket: 14-71119
• Status: Unpublished

Opinion

MEMORANDUM **

Sohan Singh, a native and citizen of India, seeks review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have -jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen, we review for substantial evidence the BIA’s factual findings, and we review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We grant the petition for review and remand.

The BIA abused its discretion in denying Singh’s motion to reopen as untimely, where he provided sufficient evidence of changed circumstances in India, see Malty v. Ashcroft, 381 F.3d 942, 945-48 (9th Cir. 2004), and where the BIA failed to provide a reasoned explanation as to why Singh did not establish a prima facie case for relief, see Franco-Rosendo v. Gonzales, 454 F.3d 965, 966 (9th Cir. 2006). Thus, 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 Ninth Circuit Rule 36-3.