CA9 on Motions to Reopen: Diaz Martinez v. Barr

Diaz Martinez v. Barr

"We determine that we have jurisdiction over the petition for review of the first MTR, as the petition ripened prior to consideration on the merits here. Pursuant to 8 U.S.C. § 1229a(b)(5)(C)(ii), we conclude that Diaz Martinez lacked notice of the amended charges, and therefore the removal order was unsupported by substantial evidence and the BIA abused its discretion in failing to reopen her proceedings. Accordingly, we grant the petition for review."

[Hats off to Kathryn Marie Davis (argued), Supervising Attorney; Marcel Budiono (argued) and Octavio Velarde (argued), Certified Law Students; U.C. Irvine School of Law, Pasadena, California; Peter R. Afrasiabi, One LLP, Newport Beach, California; for Petitioner.]