Opinion
No. 15-70301
05-02-2016
LEAKHANA UONG, AKA Leakhana Mamuth, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A059-523-890 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Leakhana Uong, a native and citizen of Cambodia, petitions for review of the Board of Immigration Appeals' ("BIA") order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We grant the petition for review.
The BIA abused its discretion in denying Uong's motion to reopen on the ground that her evidence "merely list[ed] the same address" as her spouse, where she provided substantially more evidence of the bona fides of her marriage than the BIA's decision indicated. See 8 U.S.C. § 1255(e)(3). We remand for the agency to redetermine whether Uong has presented clear and convincing evidence of a bona fide marriage.
PETITION FOR REVIEW GRANTED; REMANDED.