Freddy Arce Garcia v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Freddy Arce Garcia v. Loretta E. Lynch, 623 F. App'x 461 (9th Cir. 2015)

Freddy Arce Garcia v. Loretta E. Lynch

Opinion

MEMORANDUM **

Freddy Alexander Arce Garcia, 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 we remand.

In denying Arce Garcia’s withholding of removal claim, the agency found he failed to establish past persecution or a fear of future persecution on account of a protected ground. The BIA did not discuss the impact, if any, of this court’s recent decision in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013) (en banc). Further, when the IJ and BIA issued their decisions, they did not have the benefit of this court’s decisions in 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). Thus, we remand Arce Garcia’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.

Reference

Full Case Name
Freddy Alexander Arce GARCIA, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished