From Casetext: Smarter Legal Research

Santos-Mendez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 25, 2012
497 F. App'x 714 (9th Cir. 2012)

Opinion

No. 08-73712 Agency No. A071-575-872

10-25-2012

MARIA SENAIDA SANTOS-MENDEZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

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


On Petition for Review of an Order of the

Board of Immigration Appeals


Argued and Submitted October 10, 2012

Pasadena, California

Before: FERNANDEZ and BERZON, Circuit Judges, and HERNANDEZ, District Judge.

The Honorable Marco A. Hernandez, U.S. District Judge for the District of Oregon, sitting by designation.
--------

Maria Senaida Santos-Mendez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing her appeal from an immigration judge's denial of her motion to reopen removal proceedings conducted in absentia. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Celis-Castellano v. Ashcroft, 298 F.3d 888, 890 (9th Cir. 2002). We grant the petition and remand for further proceedings.

The BIA abused its discretion in determining that Santos-Mendez did not provide evidence of exceptional circumstances to excuse her failure to appear. See Singh v. INS, 213 F.3d 1050, 1053 (9th Cir. 2000). Santos-Mendez submitted a declaration stating that on the day of the hearing, she suffered from an extreme headache, vomiting, dizziness, and weakness. There is evidence in the record that the symptoms she suffered on that day were consistent with hydrocephalus—a potentially life-threatening pathology. Santos-Mendez also provided evidence that she was later admitted to the hospital, was diagnosed with hydrocephalus, and underwent surgery to relieve the pressure on her brain. Her doctor wrote a letter requesting that Santos-Mendez be excused from earlier appointments and obligations, presumably because of the seriousness of her condition. Under these particular facts, Santos-Mendez has provided evidence of exceptional circumstances to excuse her failure to appear.

PETITION FOR REVIEW GRANTED; REMANDED.


Summaries of

Santos-Mendez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 25, 2012
497 F. App'x 714 (9th Cir. 2012)
Case details for

Santos-Mendez v. Holder

Case Details

Full title:MARIA SENAIDA SANTOS-MENDEZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 25, 2012

Citations

497 F. App'x 714 (9th Cir. 2012)