Claudia Torres v. Eric Holder, Jr.

Good Law
578 F. App'x 732
United States Court of Appeals for the Ninth CircuitJune 16, 201409-70682California209 words

Opinion

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…

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