Rey Parra-Santos v. ERIC H. HOLDER Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
REY PARRA-SANTOS,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-73537
Agency No. A076-705-185
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Rey Parra-Santos, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
proceedings to apply for adjustment of status. We have jurisdiction under 8 U.S.C.
FILED
JUN 08 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-73537 2
§ 1252. Reviewing for abuse of discretion, Malhi v. INS, 336 F.3d 989, 993 (9th
Cir. 2003), we grant the petition for review.
The BIA abused its discretion in denying Parra-Santos’ motion to reopen
where the record establishes that he did submit the August 6, 2005, approval notice
of his immigrant visa petition filed on his behalf by his United States citizen
spouse, and this constitutes sufficient evidence of the bona fides of his marriage.
See 8 C.F.R. § 1245.1(c)(8)(v) (2008) (an approved immigrant visa petition “will
be considered primary evidence of eligibility for the bona fide marriage
exemption”).
PETITION FOR REVIEW GRANTED; REMANDED.

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