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Londono-Gutierrez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 24, 2014
No. 11-73027 (9th Cir. Nov. 24, 2014)

Opinion

No. 11-73027

11-24-2014

JUAN PABLO LONDONO-GUTIERREZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A098-569-190 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.

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

Juan Pablo Londono-Gutierrez, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's ("IJ") decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.

In denying Londono-Gutierrez's asylum and withholding of removal claims, the agency found Londono-Gutierrez 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 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, 750 F.3d 1077 (9th Cir. 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 Londono-Gutierrez's asylum and withholding of removal claims 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 conclusion, we do not reach Londono-Gutierrez's remaining contentions regarding his asylum and withholding of removal claims at this time.

PETITION FOR REVIEW GRANTED; REMANDED.


Summaries of

Londono-Gutierrez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 24, 2014
No. 11-73027 (9th Cir. Nov. 24, 2014)
Case details for

Londono-Gutierrez v. Holder

Case Details

Full title:JUAN PABLO LONDONO-GUTIERREZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Nov 24, 2014

Citations

No. 11-73027 (9th Cir. Nov. 24, 2014)