UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-2259
JOIKE MEMAH,
Petitioner,
versus
ALBERTO R. GONZALES, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A97-194-354)
Submitted: August 23, 2006 Decided: September 12, 2006
Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges.
Petition granted and remanded by unpublished per curiam opinion.
Joike Memah, Petitioner Pro Se. Michele Yvette Francis Sarko,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for
Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Joike Memah, a native and citizen of Indonesia, has
petitioned for review of an order of the Board of Immigration
Appeals (Board) adopting and affirming the Immigration Judge’s (IJ)
denial of asylum, withholding of removal, and protection under the
Convention Against Torture (CAT). Memah specifically states that
he does not challenge the denial of asylum and CAT relief. Rather,
he contests only the denial of withholding of removal, asserting,
inter alia, that the IJ and Board failed to address his claim that
he suffered past persecution. See 8 C.F.R. § 1208.16(b) (2006).
As our review discloses that this claim has not in fact
been addressed below, we grant the petition for review and remand
this matter to the Board for a determination of Memah’s past
persecution claim in the context of his claim for withholding of
removal. See Gonzales v. Thomas, 126 S. Ct. 1613, 1615 (2006); INS
v. Ventura, 537 U.S. 12, 16 (2002). We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
PETITION GRANTED AND REMANDED
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