Karla Murillo-Rivera v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION JUN 19 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KARLA LILIANA MURILLO-RIVERA, No. 10-71610
Petitioner, Agency No. A098-487-956
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2014**
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Karla Liliana Murillo-Rivera, a native and citizen of Honduras, 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.
*
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).
We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and
remand.
In denying Murillo-Rivera’s asylum claim, the BIA found Murillo-Rivera
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 either 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), and Pirir-Boc v. Holder, No. 09-73671, 2014 WL 1797657 (9th Cir.
May 7, 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 Murillo-Rivera’s asylum claim 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 not reach Murillo-Rivera’s remaining challenges to the
agency’s denial of her asylum claim at this time.
PETITION FOR REVIEW GRANTED; REMANDED.
2 10-71610