Oscar Fuentes Canas v. William Barr ( 2020 )


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  •                               NOT FOR PUBLICATION                           FILED
    UNITED STATES COURT OF APPEALS                          FEB 7 2020
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    OSCAR O. FUENTES CANAS,                          No.   19-71901
    Petitioner,                      Agency No. A092-169-454
    v.
    MEMORANDUM*
    WILLIAM P. BARR, Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Immigration Judge
    Submitted February 4, 2020**
    Before:      FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.
    Oscar O. Fuentes Canas, a native and citizen on El Salvador, petitions for
    review of an immigration judge’s (“IJ”) determination under 
    8 C.F.R. § 1208.31
    (a)
    that he did not have a reasonable fear of persecution or torture in El Salvador and
    thus is not entitled to relief from his reinstated removal order. We have
    jurisdiction under 
    8 U.S.C. § 1252
    . We review for substantial evidence the IJ’s
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    factual findings. Andrade-Garcia v. Lynch, 
    828 F.3d 829
    , 836 (9th Cir. 2016). We
    deny in part and grant in part the petition for review, and we remand.
    In his opening brief, Fuentes Canas does not challenge the IJ’s determination
    that he did not have a reasonable fear of torture in El Salvador. See Rizk v. Holder,
    
    629 F.3d 1083
    , 1091 n.3 (9th Cir. 2011) (a petitioner waives an issue by failing to
    raise it in the opening brief).
    As to Fuentes Canas’s reasonable fear of persecution, the IJ found that
    Fuentes Canas’s claim regarding his son’s status as a police officer was not
    cognizable. However, the IJ failed to address Fuentes Canas’s social group claim
    as it related to his family membership. See Sagaydak v. Gonzales, 
    405 F.3d 1035
    ,
    1040 (9th Cir. 2005) (the agency is “not free to ignore arguments raised by a
    petitioner.”). Thus, we grant the petition for review and remand to the IJ for
    further proceedings consistent with this disposition. See INS v. Ventura, 
    537 U.S. 12
    , 16-18 (2002) (per curiam).
    Fuentes Canas’s motion for stay of removal (Docket Entry No. 1) is denied
    as moot.
    The government shall bear the costs for this petition for review.
    PETITION FOR REVIEW DENIED in part; GRANTED in part;
    REMANDED.
    2                                      19-71901
    

Document Info

Docket Number: 19-71901

Filed Date: 2/7/2020

Precedential Status: Non-Precedential

Modified Date: 2/7/2020