Tadevosyan v. Holder, No. 07-75087 (9th Cir. 2014)Annotate this Case
While petitioner, a native of Iran and citizen of Armenia, was appealing the BIA's removal order, he married a United States citizen. The BIA then affirmed the removal order and petitioner filed a timely motion to reopen, which the BIA denied. The court concluded that the BIA abused its discretion by improperly relying on a de facto DHS veto as dispositive of petitioner's motion to reopen; petitioner's affidavit was sufficient to make the prima facie showing required when the BIA considered a motion to reopen; had the BIA addressed the issue on the merits, it would have been an abuse of discretion to deny the motion; and if the BIA had indeed meant to address those merits, it did not fulfill its obligation to provide a reasoned explanation for its actions. Accordingly, the court granted the petition for review and remanded to the BIA for further proceedings.