FILED
NOT FOR PUBLICATION MAY 26 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
TELMA GUADALUPE SANCHEZ, No. 08-72206
Petitioner, Agency No. A098-722-718
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Telma Guadalupe Sanchez, 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 factual findings. Tapia Madrigal v. Holder, 716 F.3d 499, 503 (9th Cir.
2013). We deny in part and grant in part the petition for review, and we remand.
In denying CAT relief, the BIA found Sanchez did not establish that
Salvadoran public officials have awareness of the harm she fears and have
breached their legal responsibility to prevent it. The record does not compel a
contrary conclusion. See Garcia-Milian v. Holder, 755 F.3d 1026, 1035 (9th Cir.
2013) (evidence of government ineffectiveness in combating violence did not
compel finding of acquiescence to torture). Thus, we deny the petition as to
Sanchez’s CAT claim.
However, in denying Sanchez’s asylum and withholding of removal claims,
the agency found Sanchez 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 Sanchez’s asylum and withholding of removal claims to determine the
2 08-72206
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 Sanchez’s remaining
challenges to the agency’s denial of her asylum and withholding of removal claims
at this time.
Each party shall bear its own costs for this petition for review.
PETITION FOR REVIEW DENIED in part; GRANTED in part;
REMANDED.
3 08-72206