Martha Carpio Guerra v. Eric Holder, Jr. , 437 F. App'x 590 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 09 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARTHA ELENA CARPIO GUERRA, No. 09-73638
Petitioner, Agency No. A072-118-162
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Martha Elena Carpio Guerra, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen proceedings based on ineffective assistance of counsel. We have
jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Singh v.
*
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).
Gonzales, 416 F.3d 1006, 1009 (9th Cir. 2005), we grant the petition for review
and remand.
The BIA decided this case without the benefit of our decision in Perdomo v.
Holder, in which we remanded for the agency to determine “whether women in
Guatemala constitute a particular social group, and, if so, whether [petitioner] has
demonstrated a fear of persecution” on account of her membership in a protected
group. 611 F.3d 662, 669 (9th Cir. 2010). Accordingly, we grant the petition for
review and remand to the BIA for further proceedings. See INS v. Ventura, 537
U.S. 12, 16 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.
2 09-73638