U.S. Court of Appeals for the Ninth Circuit, 2011

Martha Carpio Guerra v. Eric Holder, Jr.

Martha Carpio Guerra v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 9, 2011 · Paez, Pregerson, Thomas
437 F. App'x 590

Martha Carpio Guerra v. Eric Holder, Jr.

Opinion

*591 MEMORANDUM **

Martha Elena Carpió Guerra, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen proceedings based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Singh v. Gonzales, 416 F.3d 1006, 1009 (9th Cir. 2005), we grant the petition for review and remand.

The BIA decided this case without the benefit of our decision in Perdomo v. Holder, in which we remanded for the agency to determine “whether women in Guatemala constitute a particular social group, and, if so, whether [petitioner] has demonstrated a fear of persecution” on account of her membership in a protected group. 611 F.3d 662, 669 (9th Cir. 2010). Accordingly, we grant the petition for review and remand to the BIA for further proceedings. See INS v. Ventura, 537 U.S. 12, 16, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

PETITION FOR REVIEW GRANTED; REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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