Filed: Jan. 23, 2014
Latest Update: Mar. 02, 2020
Summary: NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JAN 23 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS MARIO RAMIREZ-ZARCO, No. 11-72973 Petitioner, Agency No. A092-881-356 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 21, 2014** Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges. Mario Ramirez-Zarco, a native and citizen of Mexico, petitions for review of
Summary: NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JAN 23 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS MARIO RAMIREZ-ZARCO, No. 11-72973 Petitioner, Agency No. A092-881-356 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 21, 2014** Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges. Mario Ramirez-Zarco, a native and citizen of Mexico, petitions for review of t..
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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JAN 23 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
MARIO RAMIREZ-ZARCO, No. 11-72973
Petitioner, Agency No. A092-881-356
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Mario Ramirez-Zarco, 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 (“IJ”) removal order. We have jurisdiction under 8 U.S.C.
*
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).
11-72973
§ 1252. We review de novo questions of law. Mohammed v. Gonzales,
400 F.3d
785, 791-92 (9th Cir. 2005). We grant the petition for review and remand. We
Ramirez-Zarco indicated during his removal hearing that his family
members could provide evidence to corroborate his claims regarding the date of his
entry into the United States and continuous residence, but was not given an
opportunity to do so. In concluding that the IJ was not required to continue
proceedings to obtain such evidence, the BIA failed to apply the framework
articulated in Ren v. Holder,
648 F.3d 1079 (9th Cir. 2011), and erred in not
providing Ramirez-Zarco an opportunity to provide corroboration. See
id. at 1091-
92 (“[A credible] applicant must be given notice of the corroboration required, and
an opportunity to either provide that corroboration or explain why he cannot do
so.”). We therefore remand for further proceedings consistent with this
disposition.
PETITION FOR REVIEW GRANTED; REMANDED.
2 11-72973