U.S. Court of Appeals for the Ninth Circuit, 2015

Jorge Fonseca-Padilla v. Eric Holder, Jr.

Jorge Fonseca-Padilla v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 19, 2015 · Farris, Wardlaw, Paez
599 F. App'x 282

Jorge Fonseca-Padilla v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Hugo Pascual-Carino, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We grant the petition for review and remand.

The agency found Pascual-Carino failed to establish a nexus to a protected ground, but 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 (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). Further, in denying his claim, the agency also did not have the benefit of this court’s intervening decision in Ren v. Holder, 648 F.3d 1079 (9th Cir. 2011).

Thus, we remand Paseual-Carino’s withholding of removal claim 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).

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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