Sapp v. U.S. I.N.S.

Full title: Nancy Lee SAPP, Petitioner, v. UNITED STATES IMMIGRATION AND…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 5, 2003

66 F. App'x 136 (9th Cir. 2003)

Opinion

66 Fed.Appx. 136 (9th Cir. 2003) Nancy Lee SAPP, Petitioner, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 02-71551. INS No. A71-626-278. United States Court of Appeals, Ninth Circuit. June 5, 2003

Argued and Submitted April 4, 2003.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

On Petition for Review of an Order of the Board of Immigration Appeals.

Before B. FLETCHER, KOZINSKI and TROTT, Circuit Judges.

MEMORANDUM ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Because the Board completely failed to consider the effects of Sapp's approved relative immigrant visa petition, see 8 U.S.C. §§ 1182(i)(1), 1255(a), it abused its discretion in denying her motion to reopen. See Watkins v. INS, 63 F.3d 844, 847, 849 (9th Cir.1995); see also Virk v. INS, 295 F.3d 1055, 1059 (9th Cir.2002).

We remand to the Board for it properly to exercise its discretion in light of "all relevant factors," Arrozal v. INS, 159 F.3d 429, 433 (9th Cir.1998), "both favorable and unfavorable," id. (internal quotation marks omitted).

PETITION GRANTED.

Judge TROTT dissents.