Say v. Holder

U.S. Court of Appeals for the Ninth Circuit
Say v. Holder, 452 F. App'x 762 (9th Cir. 2011)

Say v. Holder

Opinion

MEMORANDUM **

In these consolidated petitions for review, Benilda Say and Jose Ong, natives and citizens of the Philippines, petition for review for the Board of Immigration Appeals’ (“BIA”) orders summarily affirming an immigration judge’s decision denying their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petitions for review and remand.

The government requests that we grant Ong’s petition for review and remand to allow the BIA to address in the first instance petitioners’ contention that Ong’s conviction falls within the petty offense exemption at 8 U.S.C. § 1182(a)(2)(h). The government also requests that we grant Say’s petition for review and remand to allow the BIA to clarify whether Say’s application was denied on statutory or discretionary grounds. We agree that remand of both petitions on these grounds is appropriate. See INS v. Ventura, 537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam) (remand appropriate where issues were not considered by the BIA); Lanza v. Ashcroft, 389 F.3d 917, 931-32 (9th Cir. 2004) (remand appropriate when it is unclear whether agency relied on a reviewable ground).

PETITIONS FOR REVIEW GRANTED; REMANDED.

**

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

Reference

Full Case Name
Benilda SAY; Jose Ong, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished