FILED
NOT FOR PUBLICATION JUN 18 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUZ DEL CARMEN-DEJALA, a.k.a. Luz No. 10-70491
Del Carmen Tejada-Flores,
Agency No. A098-429-807
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.
Luz Del Carmen-Dejala, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s (“IJ”) decision denying her application for asylum,
withholding of removal, and protection under the Convention Against Torture
*
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).
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-
85 (9th Cir. 2006). We deny in part and grant in part the petition for review, and
we remand.
Substantial evidence supports the agency’s denial of CAT relief because Del
Carmen-Dejala failed to establish it is more likely than not she would be tortured
by or with the acquiescence of the government if returned to El Salvador. See
Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
In denying Del Carmen-Dejala’s asylum and withholding of removal claims,
the BIA found Del Carmen-Dejala 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),
Cordoba v. Holder, 726 F.3d 1106 (9th Cir. 2013), and Pirir-Boc v. Holder, No.
09-73671, 2014 WL 1797657 (9th Cir. May 7, 2014), 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). Thus, we remand Del Carmen-Dejala’s asylum and
withholding of removal claims to determine the impact, if any, of these decisions.
See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam). In light of this
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remand, we do not reach Del Carmen-Dejala’s remaining challenges to the
agency’s denial of her asylum and withholding of removal claims at this time.
The parties shall bear their own costs for this petition for review.
PETITION FOR REVIEW DENIED in part; GRANTED in part;
REMANDED.
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