FILED
NOT FOR PUBLICATION MAR 17 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ESTUARDO VELASQUEZ-PASOS, No. 10-73066
a.k.a. Armando Diaz Pazos; CARLA
LOPEZ-GARCIA, a.k.a. Suni Salguero, Agency Nos. A099-836-124
A099-475-043
Petitioners,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Estuardo Velasquez-Pasos and Carla Lopez-Garcia, natives and citizens of
Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”)
order denying their motion to reconsider. We have jurisdiction under 8 U.S.C.
*
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).
§ 1252. We review for abuse of discretion the denial of a motion to reconsider,
Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and de novo questions
of law, Cordoba v. Holder, 726 F.3d 1106, 1113 (9th Cir. 2013). We grant the
petition for review and remand.
In denying petitioners’ motion to reconsider, the BIA determined that
“landowners in Guatemala” is not cognizable as a particular social group. In light
of our decision in Cordoba, 726 F.3d 1106, 1114 (recognizing landownership may
form the basis of a particular social group), we remand for further proceedings
consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002)
(per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.
2 10-73066