FILED
NOT FOR PUBLICATION JUN 16 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ADAN DE JESUS MUNOZ- No. 10-71822
HENRIQUEZ,
Agency No. A089-860-012
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 12, 2014**
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Adan de Jesus Munoz-Henriquez, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing his appeal from an immigration judge’s (“IJ”) decision denying his
*
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).
application for withholding of removal. We have jurisdiction under
8 U.S.C. § 1252. We grant the petition for review and remand.
In denying Munoz-Henriquez’s withholding of removal claim, the BIA
found Munoz-Henriquez failed to articulate a cognizable particular social group.
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, we grant Munoz-Henriquez’s petition for review and 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 10-71822
Adan Munoz-Henriquez v. Eric Holder, Jr.
Combined Opinion