FILED
NOT FOR PUBLICATION JUL 29 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ERIC AUDY OROH, No. 07-73453
Petitioner, Agency No. A095-618-262
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 19, 2010 **
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Eric Audy Oroh, a native and citizen of Indonesia, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his claim for withholding of removal. We
have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
*
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).
factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We
grant the petition for review and remand.
In analyzing Oroh’s withholding of removal claim, the BIA declined to
apply the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922,
927-29 (9th Cir. 2004). Because intervening case law holds the disfavored group
analysis applies to withholding of removal claims, see Wakkary, 558 F.3d at
1062-65, we remand to the agency for reconsideration whether Oroh is entitled to
withholding of removal, see INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per
curiam); see also Tampubolon v. Holder, 598 F.3d 521, 526 (9th Cir. 2010)
(“[A]ny reasonable factfinder would be compelled to conclude on this record that
Christian Indonesians are a disfavored group.”).
PETITION FOR REVIEW GRANTED; REMANDED.
2 07-73453