NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT SEP 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
SERGIO PEREZ HERNANDEZ, No. 14-73155
Petitioner, Agency No. A077-332-232
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2016**
Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges.
Sergio Perez Hernandez, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.
We grant the petition for review and remand.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Perez Hernandez submitted with his BIA appeal brief a police report
corroborating his immigration court testimony that he was the victim of a domestic
violence incident. Based on the BIA’s statement in footnote three of its decision,
the BIA ignored the police report and appears to mistakenly believe Perez
Hernandez was convicted in the incident. Accordingly, we remand for the BIA to
consider this evidence in the first instance. See Singh v. Gonzales, 494 F.3d 1170,
1172 (9th Cir. 2007) (“The BIA is obligated to consider and address in its entirety
the evidence submitted by a petitioner, and where its failure to do so could have
affected its decision, remand is appropriate.” (internal quotation marks and citation
omitted)).
PETITION FOR REVIEW GRANTED; REMANDED.
2 14-73155