FILED
NOT FOR PUBLICATION OCT 6 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WENDY LISSETH HERNANDEZ- No. 10-72999
ENRIQUEZ,
Agency No. A098-436-267
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Wendy Lisseth Hernandez-Enriquez, 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
*
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 asylum and withholding of removal. We have jurisdiction under 8
U.S.C. § 1252. We grant the petition for review and remand.
In denying Hernandez-Enriquez’s asylum and withholding of removal
claims, the agency found Hernandez-Enriquez 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 Hernandez-Enriquez’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
Hernandez-Enriquez’s remaining challenges to the agency’s denial of her asylum
and withholding of removal claims at this time.
PETITION FOR REVIEW GRANTED; REMANDED.
2 10-72999