Opinion
No. 09-72718 Agency No. A070-937-823 Agency No. A099-967-395 Agency No. A099-967-396
03-10-2014
MERIDA ESPERANZA HERNANDEZ, a.k.a. Senaida Hernandez Lopez; et al., Petitioners, 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NOT FOR PUBLICATION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: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Merida Esperanza Hernandez and her sons, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals' order dismissing their appeal from an immigration judge's ("IJ") decision denying their applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Perdomo v. Holder, 611 F.3d 662, 665 (9th Cir. 2010). We grant the petition for review and we remand.
Petitioners claim past persecution and a fear of future persecution on account of Merida Hernandez's membership in a particular social group of uneducated impoverished Guatemalan women. The IJ rejected petitioners' proposed social group because it represented a "large segment" of the Guatemalan population. In light of our intervening decision in Perdomo, 611 F.3d 662, 669, we grant petitioners' petition for review and remand their asylum and withholding of removal claims for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam). In light of our remand, we do not reach petitioners' arguments in their motion to remand.
Finally, we grant petitioners' motion for stay of removal.
PETITION FOR REVIEW GRANTED; REMANDED.