Mallola Osorio-Mendez v. Eric Holder, Jr.

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NOT FOR PUBLICATION OCT 01 2014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