TAO LIU V. ERIC HOLDER, JR., No. 10-73361 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 14 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT TAO LIU, No. 10-73361 Petitioner, Agency No. A075-730-025 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 6, 2012 ** Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges. Tao Liu, a native and citizen of China, petitions for review of the Board of Immigration Appeals order summarily affirming an immigration judge s ( IJ ) decision denying his motion to reopen and rescind his in absentia removal order. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, * 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). Celis-Castellano v. Ashcroft, 298 F.3d 888, 890-91 (9th Cir. 2002), we grant and remand the petition for review. The IJ abused his discretion in denying Liu s motion on the ground that Liu has not provided evidence to suggest his immigration consultant attended Liu s asylum interview and immigration proceedings unbeknownst to Liu, where Liu provides an outline of the events in his sworn affidavit. See Celis-Castellano, 298 F.3d at 892 ( [T]he Board must accept the facts in an alien s affidavit as true unless inherently unbelievable. ). We grant the petition and remand. PETITION FOR REVIEW GRANTED; REMANDED. 2 10-73361

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