SANDRA AMAYA-PALACIOS V. ERIC HOLDER, JR., No. 10-71513 (9th Cir. 2014)

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FILED MAY 28 2014 NOT FOR PUBLICATION MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SANDRA MARGARITA AMAYAPALACIOS; et al., No. 10-71513 Agency Nos. Petitioners, A099-537-013 A099-537-014 A099-537-015 v. ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM* Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 13, 2014** Before: CLIFTON, BEA, and WATFORD, Circuit Judges. Sandra Margarita Amaya-Palacios, and her sons, natives and citizens of El Salvador, petition for review of the Board of Immigration Appeals ( BIA ) order sustaining respondent s appeal from an immigration judge s decision granting their * 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). application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand. In denying petitioners asylum and withholding of removal claims, the BIA found petitioners failed to establish a well-founded fear of future persecution on account of a protected ground. When the BIA issued its decision, it did not have the benefit of either 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) and Cordoba v. Holder, 726 F.3d 1106 (9th Cir. 2013), 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 petitioners asylum and withholding of removal claims 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 petitioners remaining challenges to the BIA s denial of asylum or withholding of removal at this time. PETITION FOR REVIEW GRANTED; REMANDED. 2 10-71513

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