Hector Neptaly Milla-Perez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HECTOR NEPTALY MILLA-PEREZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-71020
Agency No. A098-044-613
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2016**
Before: REINHARDT, W. FLETCHER, and OWENS, Circuit Judges.
Hector Neptaly Milla-Perez, a native and citizen of Honduras, 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 BIA’s denial of a motion to reopen. Bhasin v.
* 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).
FILED
JUN 2 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-71020
Gonzales, 423 F.3d 977, 983 (9th Cir. 2005). We grant the petition for review and
we remand.
The BIA abused its discretion in denying Milla-Perez’s motion to reopen
because it discredited the testimony in his supporting declaration. See id. at 986-
87 (“We have long held that credibility determinations on motions to reopen are
inappropriate. Indeed, facts presented in affidavits supporting a motion to reopen
must be accepted as true unless inherently unbelievable.”) (citation omitted).
Thus, the BIA abused its discretion in denying Milla-Perez’s motion to reopen.
See id. at 989. We grant the petition for review and remand for further
proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-
18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.

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