Opinion
20-71032
08-26-2021
LATOYA SHERINA ARIS, AKA Jeans Blair, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A079-407-252
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Latoya Sherina Aris, a native and citizen of Jamaica, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing her appeal from an immigration judge's decision denying her application for withholding of removal and relief under the Convention Against Torture ("CAT"). We review de novo legal conclusions and review for substantial evidence the agency's factual findings. Bringas-Rodriguez v. Sessions, 850 F.3d 1051, 1059 (9th Cir. 2017). We grant the petition for review, and we remand.
In denying withholding of removal and CAT relief, the agency relied on determinations that Aris' fears were speculative. However, in making these determinations, the agency did not address the evidence of death threats that were made in 2017 on account of Aris' perceived sexuality. See Cole v. Holder, 659 F.3d 762, 771-72 (9th Cir. 2011) (CAT claim remanded, in part, on account of the agency's failure to properly consider all relevant evidence, where indications of that failure "include misstating the record"); Bromfield v. Mukasey, 543 F.3d 1071, 1076-79 (9th Cir. 2008) (withholding of removal claim remanded, in part, due to the IJ's misinterpretation of record evidence); Sagaydak v. Gonzales, 405 F.3d 1035, 1040 (9th Cir. 2005) (the agency is "not free to ignore arguments raised by a petitioner."). Thus, we grant the petition for review and remand to the agency for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
Aris' removal is stayed pending a decision by the BIA.
The government must bear the costs for this petition for review.
PETITION FOR REVIEW GRANTED; REMANDED.