WILLIAM CAMPOS V. ERIC HOLDER, JR., No. 12-72253 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 3 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WILLIAM EFRAIN CAMPOS, Petitioner, No. 12-72253 Agency No. A087-772-878 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. William Efrain Campos, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge s decision denying his application for asylum. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the * 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). agency s factual findings. Tapia Madrigal v. Holder, 716 F.3d 499, 503 (9th Cir. 2013). We grant the petition for review and remand. Substantial evidence does not support the agency s conclusion that the gang s extortion of Campos was based on criminal intent and not his homosexuality. See id. at 505-06 (record compelled conclusion petitioner s status was one central reason for mistreatment). Further, substantial evidence does not support the agency s conclusion that Campos did not establish that the government of El Salvador was unable or unwilling to control his persecutors. See AvetovaElisseva v. INS, 213 F.3d 1192, 1198-1201 (9th Cir. 2000) (record compelled conclusion government was unable or unwilling to control mistreatment). Thus, we grant the petition for review, and we remand Campos s asylum claim for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam). PETITION FOR REVIEW GRANTED; REMANDED. 2 12-72253

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