U.S. Court of Appeals for the Fourth Circuit, 2006

Memah v. Gonzales

Memah v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided September 12, 2006 · Wilkinson, Michael, Traxler
199 F. App'x 297

Memah v. Gonzales

Opinion

PER CURIAM:

Joike Memah, a native and citizen of Indonesia, has petitioned for review of an order of the Board of Immigration Appeals (Board) adopting and affirming the Immigration Judge’s (IJ) denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Memah specifically states that he does not challenge the denial of asylum and CAT relief. Rather, he contests only the denial of withholding of removal, asserting, inter alia, that the IJ and Board failed to address his claim that he suffered past persecution. See 8 C.F.R. § 1208.16(b) (2006).

As our review discloses that this claim has not in fact been addressed below, we grant the petition for review and remand this matter to the Board for a determination of Memah’s past persecution claim in the context of his claim for withholding of removal. See Gonzales v. Thomas, - U.S. -, -, 126 S.Ct. 1613, 1615, 164 L.Ed.2d 358 (2006); INS v. Ventura, 537 U.S. 12, 16, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION GRANTED AND REMANDED

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