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Yao v. Gonzales

United States Court of Appeals, Ninth Circuit
Mar 14, 2006
171 F. App'x 73 (9th Cir. 2006)

Opinion


171 Fed.Appx. 73 (9th Cir. 2006) Shing-Ting YAO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent. No. 04-75726. United States Court of Appeals, Ninth Circuit. March 14, 2006

Submitted March 8, 2006.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A28-776-567.

Before: CANBY, BEEZER, and KOZINSKI, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Shing-Ting Yao, a native and citizen of the People's Republic of China, petitions for review of the Board of Immigration Appeals' ("BIA") decision summarily affirming an immigration judge's ("IJ") order denying his motion to reopen deportation proceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion, Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000), and we grant the petition for review and remand for further proceedings.

The IJ denied reopening on the ground that Yao had received proper notice. We remand to the agency to consider Yao's argument, presented in his brief to the BIA, that the Postal Service delivered his hearing notice to an incorrect address. "We have long held that the BIA abuses its discretion when it fails to provide a reasoned explanation for its actions." Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005); Sagaydak v. Gonzales, 405 F.3d 1035, 1040 (9th Cir.2005) (holding that "[t]he BIA is not free to ignore arguments raised by a petitioner").

PETITION FOR REVIEW GRANTED; REMANDED.


Summaries of

Yao v. Gonzales

United States Court of Appeals, Ninth Circuit
Mar 14, 2006
171 F. App'x 73 (9th Cir. 2006)
Case details for

Yao v. Gonzales

Case Details

Full title:Shing-Ting YAO, Petitioner, v. Alberto R. GONZALES, Attorney General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 14, 2006

Citations

171 F. App'x 73 (9th Cir. 2006)