FILED
NOT FOR PUBLICATION JUL 16 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
REINA ISABEL FUENTES- No. 08-73374
CHAVARRIA,
Agency No. A098-884-250
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Reina Isabel Fuentes-Chavarria, a native and citizen of Honduras, petitions
for review of the Board of Immigration Appeals’ order summarily affirming an
immigration judge’s (“IJ”) decision denying her application for asylum and
*
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, and we therefore deny Fuentes-Chavarria’s request for oral
argument. See Fed. R. App. P. 34(a)(2).
withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant
the petition for review.
The IJ found that petitioner demonstrated that she was a member of a
particular social group consisting of her husband’s family. But, the IJ also found
that petitioner failed to establish persecution on account of a protected ground
because she did not demonstrate that she and the other members of her husband’s
family had a “shared, immutable characteristic.” Because the IJ’s two findings
appear incompatible, we remand for clarification. See Recinos De Leon v.
Gonzales, 400 F.3d 1185, 1194 (9th Cir. 2005) (remanding because “[w]e will not
guess at the theory underlying the IJ’s . . .opinion”) (internal quotations omitted).
PETITION FOR REVIEW GRANTED; REMANDED.
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