FILED
NOT FOR PUBLICATION MAY 23 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WENDY NINOSCA MOLINA- No. 10-73647
LINARES,
Agency No. A099-524-919
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Wendy Ninosca Molina-Linares, a native and citizen of Honduras, petitions
pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing
her appeal from an immigration judge’s (“IJ”) decision denying her application for
*
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).
asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252.
We grant the petition for review and remand.
In denying Molina-Linares’s asylum and withholding of removal claims, the
BIA found Molina-Linares failed to establish past persecution or a fear of future
persecution on account of a protected ground. When the IJ and BIA issued their
decisions in this case they did not have the benefit of either this court’s decisions in
Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013) (en banc), and Cordoba
v. Holder, 726 F.3d 1106 (9th Cir. 2013), or the BIA’s decisions in Matter of M-E-
V-G-, 26 I. & N. Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I. & N. Dec. 208
(BIA 2014). In light of these intervening decisions, and our decision in Perdomo
v. Holder, 611 F.3d 662, 669 (9th Cir. 2010) (remanding for the agency to
determine “whether women in Guatemala constitute a particular social group, and,
if so, whether [petitioner] has demonstrated a fear of persecution” on account of
her membership in a protected group), we grant Molina-Linares’s petition for
review and remand her asylum and withholding of removal claims for further
proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-
18 (2002) (per curiam).
PETITION FOR GRANTED; REMANDED.
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