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Murillo-Rivera v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 12, 2014
No. 10-71610 (9th Cir. Jun. 12, 2014)

Opinion

No. 10-71610 Agency No. A098-487-956

06-12-2014

KARLA LILIANA MURILLO-RIVERA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petition for Review of an Order of the

Board of Immigration Appeals

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. 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.


Summaries of

Murillo-Rivera v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 12, 2014
No. 10-71610 (9th Cir. Jun. 12, 2014)
Case details for

Murillo-Rivera v. Holder

Case Details

Full title:KARLA LILIANA MURILLO-RIVERA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jun 12, 2014

Citations

No. 10-71610 (9th Cir. Jun. 12, 2014)