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No. 8689525
United States Court of Appeals for the Ninth Circuit
Del Rosario v. Mukasey
No. 8689525 · Decided September 29, 2008
No. 8689525·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 29, 2008
Citation
No. 8689525
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Carlo Virrey Del Rosario, a native and citizen of the Philippines, petitions for re *181 view of an order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) decision denying his motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition for review and remand. The IJ abused her discretion by denying the motion on the ground that petitioner did not provide sufficient evidence that his marriage was bona fide, where petitioner’s marriage occurred prior to the commencement of removal proceedings. See Matter of Garcia, 16 I. & N. Dec. 653, 654-57 (BIA 1978) (holding that the BIA shall generally grant a motion to reopen based on a spousal visa petition where a prima facie approvable visa petition and adjustment of status application have been submitted, unless clear ineligibility is apparent in the record). PETITION FOR REVIEW GRANTED; REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Carlo Virrey Del Rosario, a native and citizen of the Philippines, petitions for re *181 view of an order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) decision denying his motio
Key Points
01MEMORANDUM ** Carlo Virrey Del Rosario, a native and citizen of the Philippines, petitions for re *181 view of an order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) decision denying his motio
02The IJ abused her discretion by denying the motion on the ground that petitioner did not provide sufficient evidence that his marriage was bona fide, where petitioner’s marriage occurred prior to the commencement of removal proceedings.
03653, 654-57 (BIA 1978) (holding that the BIA shall generally grant a motion to reopen based on a spousal visa petition where a prima facie approvable visa petition and adjustment of status application have been submitted, unless clear ineli
04This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir.
Frequently Asked Questions
MEMORANDUM ** Carlo Virrey Del Rosario, a native and citizen of the Philippines, petitions for re *181 view of an order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) decision denying his motio
FlawCheck shows no negative treatment for Del Rosario v. Mukasey in the current circuit citation data.
This case was decided on September 29, 2008.
Use the citation No. 8689525 and verify it against the official reporter before filing.