Moreira v. Holder , 598 F. App'x 527 ( 2015 )

FILED
NOT FOR PUBLICATION MAR 18 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MEYBEL ROCIO MOREIRA, No. 07-74843
Petitioner, Agency No. A097-318-846
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Meybel Rocio Moreira, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s (“IJ”) decision denying her application for asylum,
withholding of removal, and protection under the Convention Against Torture
*
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).
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070
(9th Cir. 2008). We deny in part and grant in part the petition for review, and we
remand.
Substantial evidence supports the agency’s denial of Moreira’s CAT claim
because she failed to establish it is more likely than not she would be tortured if
returned to El Salvador. See id. at 1073. Thus, we deny the petition for review as
to Moreira’s CAT claim.
In denying Moreira’s asylum and withholding of removal claims, the agency
found she 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), Pirir-Boc v. Holder, 750 F.3d 1077 (9th Cir. 2014), and
Perdomo v. Holder, 611 F.3d 662 (9th Cir. 2010), 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 Moreira’s asylum and withholding of
removal claims to determine the impact, 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
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not reach Moreira’s remaining challenges to the agency’s denial of asylum and
withholding of removal.
Each party shall bear its own costs for this petition for review.
PETITION FOR REVIEW DENIED in part; GRANTED in part;
REMANDED.
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