Elfego Lopez Garzon 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).
TL/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELFEGO LOPEZ GARZON,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-74350
Agency No. A075-318-977
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Elfego Lopez Garzon, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen.
We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of
FILED
MAR 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

TL/Research 07-74350 2
discretion the denial of a motion to reopen. Franco-Rosendo v. Gonzales, 454 F.3d
965, 966 (9th Cir. 2006). We grant the petition for review and remand.
The BIA abused its discretion when it denied Lopez Garzon’s motion to
reopen because it failed to properly consider evidence of the future hardship
resulting from his U.S. citizen son’s diagnosis of ocular neuritis and his permanent
loss of vision in his left eye. See id.
PETITION FOR REVIEW GRANTED; REMANDED.

-- 2 of 2 --