FILED
NOT FOR PUBLICATION FEB 26 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CELIA ALICIA CASTILLO, No. 08-72959
Petitioner, Agency No. A097-365-598
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted December 4, 2012
Submission Vacated December 6, 2012
Resubmitted February 24, 2014
San Francisco, California
Before: O’SCANNLAIN, THOMAS, and CALLAHAN, Circuit Judges.
The Board of Immigration Appeals dismissed Celia Castillo’s appeal on the
ground that she, as a derivative of her mother’s applications for asylum and
withholding of removal, lacked “standing to appeal the [Immigration Judge’s]
denial of [those] applications.” Although it is clear that the BIA believed it was
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
deprived of “jurisdiction to consider [Castillo’s] challenges,” the source of this
purported jurisdictional limitation is unclear.
Did the BIA believe that it was limited by the strictures of Article III of the
United States Constitution? Was the BIA interpreting a statute or regulation that
affects its jurisdiction? Was the BIA creating a new jurisdictional rule through its
own decision? Or did it rely on another source of authority?
Because the answers to these questions are crucial to our ability to review
the BIA’s decision, we remand to the BIA for clarification. See Arredondo v.
Holder, 623 F.3d 1317, 1320 (9th Cir. 2010) (“[W]e must remand the cause to the
BIA to clarify the statutory grounds upon which it relied in denying further
review.”).
PETITION GRANTED; REMANDED.
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