Santos Ramirez Portillo v. Eric Holder, Jr.

MEMORANDUM

Santos Aníbal Ramirez Portillo, 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 protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition for review and remand.

In his Notice of Appeal, among other things, Ramirez Portillo argued the evidence did not support the IJ’s finding that Ramirez Portillo conceded he was subject to removal as charged. In' denying his appeal, the BIA erred by not addressing this argument. See Sagaydak v. Gonzales, 405 F.Sd 1035, 1040 (9th Cir.2005) (the BIA is “not free to ignore arguments raised by a petitioner”). Thus, we grant the petition for review and remand the case 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). In light of this remand, we do not reach Ramirez Portillo’s remaining contentions at this time.

PETITION FOR REVIEW GRANTED; REMANDED.

This disposition is not appropriate for publication and is not precedent except…