FILED
NOT FOR PUBLICATION JUL 28 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SOGHOMON ARABYAN, No. 10-70510
Petitioner, Agency No. A095-592-834
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 22, 2014**
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
Soghomon Arabyan, a native and citizen of Armenia, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for asylum and
*
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).
withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant
the petition for review and we remand.
In denying Arabyan’s asylum and withholding of removal claims, the
agency found Arabyan 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 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, 750 F.3d 1077
(9th Cir. 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 Arabyan’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 remand, we do not reach Arabyan’s remaining
challenges to the agency’s denial of his asylum and withholding of removal claims
at this time.
PETITION FOR REVIEW GRANTED; REMANDED.
2 10-70510