Blanca Carillo-Ceron v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Blanca Carillo-Ceron v. Eric Holder, Jr., 588 F. App'x 682 (9th Cir. 2014)
Wallace, Leayy, Bybee

Blanca Carillo-Ceron v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Blanca Esperanza Carillo-Ceron, a na-' five and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial *683 evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We deny in part and grant in part the petition for review, and we remand.

We reject Carillo-Ceron’s contentions related to streamlining because the BIA did not issue a streamlined decision.

Substantial evidence supports the agency’s denial of Carillo-Ceron’s CAT claim because Carillo-Ceron failed to establish it is more likely than not she would be tortured by or with the consent or acquiescence of the government if returned to El Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).

In denying Carillo-Ceron’s asylum and withholding of removal claims, the agency found Carillo-Ceron failed to establish past persecution or a fear of future persecution on account of a protected ground. When the IJ and BIA issued their decisions in this case they did not have the benefit of this court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013) (en banc), Cordoba v. Holder, 726 F.3d 1106 (9th Cir. 2013), and Pirir-Boc v. Holder, 750 F.3d 1077, 1079 (9th Cir. 2014), 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). Thus, we remand Carillo-Ceron’s asylum and withholding of removal claims to determine the impact, if any, of these decisions. See INS v. Ventura, 537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam). In light of this remand, we do not reach Carillo-Ceron’s remaining challenges to the agency’s denial of her asylum and withholding of removal claims at this time.

Each party shall bear its own costs for this petition for review.

PETITION FOR REVIEW DENIED in part; GRANTED in part; 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
Blanca Esperanza CARILLO-CERON, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished