Victor Gonzales-Cornejo v. Loretta E. Lynch

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 1 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT VICTOR ALFONSO GONZALES- No. 10-72637 CORNEJO, Agency No. A098-980-617 Petitioner, v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 22, 2015** Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges. Victor Alfonso Gonzales-Cornejo, 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 * 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 Gonzales-Cornejo’s asylum and withholding of removal claims, the agency found he 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 Gonzales-Cornejo’s asylum and withholding of removal claims to determine the effect, 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 Gonzales- Cornejo’s remaining challenges to the agency’s denial of his asylum and withholding of removal claims. PETITION FOR REVIEW GRANTED; REMANDED. 2 10-72637