U.S. Court of Appeals for the Ninth Circuit, 2014

Claudia Torres v. Eric Holder, Jr.

Claudia Torres v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 16, 2014 · McKeown, Wardlaw, Smith
578 F. App'x 732

Claudia Torres v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Adán de Jesus Munoz-Henriquez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his- application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.

In denying Munoz-Henriquez’s withholding of removal claim, the BIA found Munoz-Henriquez failed to articulate a cognizable particular social group. When the IJ and BIA issued their decisions in this case they did not have the benefit of either this court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013) (en banc), and Cordoba v. Holder, 726 F.3d 1106 (9th Cir. 2013), or the BIA’s decisions in Matter of M-E-V-G-, 26 I. & N. Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I. & N. Dec. 208 (BIA 2014). In light of these intervening decisions, we grant Munoz-Henriquez’s petition for review and remand for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18, 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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