Jon-Musa Aroush 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NOT FOR PUBLICATION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
JON-MUSA AROUSH,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-72994
Agency No. A079-399-440
MEMORANDUM*
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
FILED
OCT 13 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-72994 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.

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