Maria Cifuentes Calderon v. Eric Holder, Jr.

MEMORANDUM **

Maria Consuelo Cifuentes Calderon, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, including the agency’s adverse credibility findings. Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008). We grant the petition for review, and we remand.

Substantial evidence does not support the agency’s reliance on the omission of Cifuentes Calderon’s union membership from her asylum application because she did not have an opportunity to explain this omission at the hearing. See Soto-Olarte v. Holder, 555 F.3d 1089, 1091-92 (9th Cir.2009). Further, substantial evidence does not support the agency’s reliance either on the omission of Cifuentes Calderon’s time in Mexico from her application or on the inconsistency in how long she was held because any omission or inconsistency on these issues is minor. See Bandari v. INS, 227 F.3d 1160, 1165-66 (9th…

dissenting:

I would deny the petition for review based on the BIA’s alternative conclusion that Cifuentes Calderon failed to establish a nexus to a protected ground.

FILED

NOT FOR PUBLICATION JUL 30 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MARIA CONSUELO CIFUENTES No. 09-71898

CALDERON,

Agency No. A072-408-895 Petitioner,

v. MEMORANDUM *

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

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

Submitted July 17, 2012 **

Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.

Maria Consuelo Cifuentes Calderon, a native and citizen of Guatemala,

petitions for review of the Board of Immigration Appeals’ (“BIA”) order

dismissing her appeal from an immigration judge’s decision denying her

* 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). application for asylum, withholding of removal, and protection under the

Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.

§ 1252. We…