Opinion
No. 14-73155
09-21-2016
SERGIO PEREZ HERNANDEZ, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A077-332-232 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Sergio Perez Hernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's removal order. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.
Perez Hernandez submitted with his BIA appeal brief a police report corroborating his immigration court testimony that he was the victim of a domestic violence incident. Based on the BIA's statement in footnote three of its decision, the BIA ignored the police report and appears to mistakenly believe Perez Hernandez was convicted in the incident. Accordingly, we remand for the BIA to consider this evidence in the first instance. See Singh v. Gonzales, 494 F.3d 1170, 1172 (9th Cir. 2007) ("The BIA is obligated to consider and address in its entirety the evidence submitted by a petitioner, and where its failure to do so could have affected its decision, remand is appropriate." (internal quotation marks and citation omitted)).
PETITION FOR REVIEW GRANTED; REMANDED.