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NOT FOR PUBLICATION OCT 6 2014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
JACKSON CASTANEDA PENATE, No. 11-72843
Petitioner, Agency No. A200-001-720
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.
Jackson Castaneda Penate, 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
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. Tapia Madrigal v. Holder, 716 F.3d 499,
503 (9th Cir. 2013). We grant the petition for review and remand.
In denying Castaneda Penate’s withholding of removal claim, the agency
found Castaneda Penate 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 Castaneda Penate’s withholding of removal claim to determine the impact,
if any, of these decisions. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per
curiam).
Further, substantial evidence does not support the BIA’s finding that the
police provided Castaneda Penate with protection in the last few years. The record
indicates the police beat him, threatened to kill him, and did not provide him with
protection after he was released from the hospital. Thus, we also remand
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Castaneda Penate’s CAT claim for further proceedings. See Ventura, 537 U.S. at
16-18.
In light of our remand, we do not reach Castaneda Penate’s remaining
contentions.
PETITION FOR REVIEW GRANTED; REMANDED.
3 11-72843