Leiva-Perez

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT OCT 21 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

WILLIAM ALEXANDER LEIVA- No. 09-71636

PEREZ,

Agency No. A094-773-199 Petitioner,

v. MEMORANDUM*

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted October 21, 2011** San Francisco, California

Before: WARDLAW, FISHER, and BERZON, Circuit Judges.

William Alexander Leiva-Perez petitions for review of a decision of the

Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ) denial

of his application for asylum, withholding of removal, and relief under the United

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Nations Convention Against Torture (CAT). We grant the petition and remand to

the BIA.

1. The BIA abused its discretion by…