RODRIGUEZ-RODRIGUEZ V. HOLDER, No. 08-70065 (9th Cir. 2014)

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FILED AUG 20 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CHRISTIAN ERNESTO RODRIGUEZRODRIGUEZ, No. 08-70065 Agency No. A097-558-094 Petitioner, MEMORANDUM* v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 13, 2014** Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges. Christian Ernesto Rodriguez-Rodriguez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s ( IJ ) decision denying his application for asylum, withholding of removal, and relief under the Convention * 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). Against Torture ( CAT ). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny in part and grant in part the petition for review, and we remand. The agency denied Rodriguez-Rodriguez s asylum application as time barred. Rodriguez-Rodriguez does not challenge this finding in his opening brief. In denying Rodriguez-Rodriguez s withholding of removal claim, the agency found Rodriguez-Rodriguez failed to establish 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), 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 RodriguezRodriguez s withholding of removal claim to determine the impact, if any, of these decisions. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam). In addition, the BIA appeared to have relied on the existence of government corruption in denying Rodriguez-Rodriguez s withholding of removal claim, but did not consider government corruption in its analysis of his CAT claim. We 2 08-70065 remand Rodriguez-Rodriguez s CAT claim for the agency to consider the impact of government corruption on its analysis of state action. See id.; see also Madrigal v. Holder, 716 F.3d 499, 509-510 (9th Cir. 2013). Finally, we deny as moot Rodriguez-Rodriguez s motion to remand. Each party shall bear its own costs for this petition for review. PETITION FOR REVIEW DENIED in part; GRANTED in part. REMANDED. 3 08-70065

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