Mallola Osorio-Mendez v. Eric Holder, Jr. , 584 F. App'x 855 ( 2014 )

FILED
NOT FOR PUBLICATION OCT 01 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MALLOLA ESPERANZA OSORIO- No. 10-73737
MENDEZ,
Agency No. A072-532-123
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Mallola Esperanza Osorio-Mendez, a native and citizen of Guatemala,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing her appeal of an immigration judge’s decision denying her motion to
*
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).
reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We
grant the petition for review and remand.
In denying Osorio-Mendez’s motion to reopen, the BIA, inter alia, found
Osorio-Mendez failed to establish she would be harmed on account of a protected
ground. When the BIA issued its decision, it did not have the benefit of this
court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081, 1083 (9th Cir.
2013) (en banc) (recognizing witnesses who testify against gang members may
constitute a particular social group), 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 for the agency to
determine the impact, if any, of these decisions. See INS v. Ventura, 537 U.S. 12,
16-18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.
2 10-73737