Epigmenio Hernandez Hernandez v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Epigmenio Hernandez Hernandez v. Eric H. Holder Jr., 515 F. App'x 659 (9th Cir. 2013)

Epigmenio Hernandez Hernandez v. Eric H. Holder Jr.

Opinion

MEMORANDUM *

Epigmenio Hernandez Hernandez (Hernandez) and Angelica Janeth Ortega de Hernandez (Ortega), natives and citizens of Mexico, petition for review of the Board *660 of Immigration Appeals’ dismissal of their appeal of an Immigration Judge’s decision denying them cancellation of removal.

We express no opinion on the underlying cancellation of removal issue at this time because of an intervening development: Petitioners have obtained valid U-Visas issued by the United States Citizenship and Immigration Service. Because the BIA has not had the opportunity to evaluate the consequences of this significant intervening development, we remand this case on a limited basis for the BIA to address the effect of the approved U-Visas on Petitioners’ removal order in the first instance. See INS v. Ventura, 537 U.S. 12, 16, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam). The panel will retain jurisdiction over this case.

REMANDED for further proceedings consistent with this disposition.

*

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

Reference

Full Case Name
Epigmenio Hernandez HERNANDEZ and Angelica Janeth Ortega De Hernandez, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished