Jon-Musa Aroush v. Eric H. Holder Jr., No. 08-72994 (9th Cir. 2010)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 13 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JON-MUSA AROUSH, No. 08-72994 Petitioner, Agency No. A079-399-440 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Jon-Musa Aroush, a native and citizen of Syria, 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 denial of a motion to reopen, and de novo claims of due * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). process violations in removal proceedings, including claims of ineffective assistance of counsel. 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 Aroush s motion to reopen for lack of due diligence. See Ghahremani v. Gonzales, 498 F.3d 993, 999-1000 (9th Cir. 2007). We remand to the BIA to allow it to consider the remaining issues in the first instance. See INS v. Ventura, 537 U.S. 12, 16 (2002) (per curiam). PETITION FOR REVIEW GRANTED; REMANDED. 2 08-72994

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.