Leakhana Uong v. Loretta E. Lynch , 649 F. App'x 507 ( 2016 )

FILED
NOT FOR PUBLICATION MAY 02 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LEAKHANA UONG, AKA Leakhana No. 15-70301
Mamuth,
Agency No. A059-523-890
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 26, 2016**
Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges.
Leakhana Uong, a native and citizen of Cambodia, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen.
We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
*
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).
denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.
2005). We grant the petition for review.
The BIA abused its discretion in denying Uong’s motion to reopen on the
ground that her evidence “merely list[ed] the same address” as her spouse, where
she provided substantially more evidence of the bona fides of her marriage than the
BIA’s decision indicated. See 8 U.S.C. § 1255(e)(3). We remand for the agency to
redetermine whether Uong has presented clear and convincing evidence of a bona
fide marriage.
PETITION FOR REVIEW GRANTED; REMANDED.
2 15-70301