NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUL 29 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
SANTOS ANIBAL RAMIREZ No. 09-70375
PORTILLO,
Agency No. A094-320-908
Petitioner,
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.
Santos Anibal Ramirez Portillo, 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 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).
protection under the Convention Against Torture . We have jurisdiction under
8 U.S.C. § 1252. We grant the petition for review and remand.
In his Notice of Appeal, among other things, Ramirez Portillo argued the
evidence did not support the IJ’s finding that Ramirez Portillo conceded he was
subject to removal as charged. In denying his appeal, the BIA erred by not
addressing this argument. See Sagaydak v. Gonzales, 405 F.3d 1035, 1040 (9th
Cir. 2005) (the BIA is “not free to ignore arguments raised by a petitioner”). Thus,
we grant the petition for review and remand the case for further proceedings
consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002)
(per curiam). In light of this remand, we do not reach Ramirez Portillo’s remaining
contentions at this time.
PETITION FOR REVIEW GRANTED; REMANDED.
2 09-70375