Elawyers Elawyers
Ohio| Change

Adan Munoz-Henriquez v. Eric Holder, Jr., 10-71822 (2014)

Court: Court of Appeals for the Ninth Circuit Number: 10-71822 Visitors: 6
Filed: Jun. 16, 2014
Latest Update: Mar. 02, 2020
Summary: FILED NOT FOR PUBLICATION JUN 16 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ADAN DE JESUS MUNOZ- No. 10-71822 HENRIQUEZ, Agency No. A089-860-012 Petitioner, v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 12, 2014** Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges. Adan de Jesus Munoz-Henriquez, a native and citizen of El Salvado
More
                                                                           FILED
                             NOT FOR PUBLICATION                            JUN 16 2014

                                                                        MOLLY C. DWYER, CLERK
                     UNITED STATES COURT OF APPEALS                      U.S. COURT OF APPEALS



                             FOR THE NINTH CIRCUIT


ADAN DE JESUS MUNOZ-                             No. 10-71822
HENRIQUEZ,
                                                 Agency No. A089-860-012
               Petitioner,

  v.                                             MEMORANDUM*

ERIC H. HOLDER, Jr., Attorney General,

               Respondent.


                      On Petition for Review of an Order of the
                          Board of Immigration Appeals

                             Submitted June 12, 2014**

Before:        McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.

       Adan de Jesus Munoz-Henriquez, 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 withholding of removal. We have jurisdiction under

8 U.S.C. § 1252. We grant the petition for review and remand.

      In denying Munoz-Henriquez’s withholding of removal claim, the BIA

found Munoz-Henriquez failed to articulate a cognizable particular social group.

When the IJ and BIA issued their decisions in this case they did not have the

benefit of either this court’s decisions in Henriquez-Rivas v. Holder, 
707 F.3d 1081
(9th Cir. 2013) (en banc), and Cordoba v. Holder, 
726 F.3d 1106
(9th Cir. 2013),

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). In light of these

intervening decisions, we grant Munoz-Henriquez’s petition for review and remand

for further proceedings consistent with this disposition. See INS v. Ventura, 
537 U.S. 12
, 16-18 (2002) (per curiam).

      PETITION FOR REVIEW GRANTED; REMANDED.




                                         2                                      10-71822

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer