Artisia Yesenia Alcazar- Gonzalez 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NOT FOR PUBLICATION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
ARTISIA YESENIA ALCAZAR-
GONZALEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-74469
Agency No. A095-176-434
MEMORANDUM*
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.
Artisia Yesenia Alcazar-Gonzalez, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying her
motion to remand to present new evidence in support of her application for
FILED
MAR 15 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-74469 2
cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review
for abuse of discretion the denial of a motion to remand, Romero-Ruiz v. Mukasey,
538 F.3d 1057, 1062 (9th Cir. 2008), and we grant the petition for review and
remand for further proceedings.
The BIA abused its discretion in denying Alcazar-Gonzalez’s motion to
remand where the new evidence she presented with her motion was sufficient
under In re Recinas, 23 I. & N. Dec. 467 (BIA 2002), to establish prima facie
eligibility for cancellation of removal. See Fernandez v. Gonzales, 439 F.3d 592,
600 n.6 (9th Cir. 2006) (to establish a prima facie case, petitioner must show a
reasonable likelihood of satisfying the statutory requirements for relief).
We therefore grant the petition for review and remand to the BIA with
instructions to remand to the immigration judge for a new hearing on Alcazar-
Gonzalez’s cancellation application.
PETITION FOR REVIEW GRANTED; REMANDED.

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