Opinion
No. 10-73737
10-01-2014
MALLOLA ESPERANZA OSORIO-MENDEZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A072-532-123 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Mallola Esperanza Osorio-Mendez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing her appeal of an immigration judge's decision denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.
In denying Osorio-Mendez's motion to reopen, the BIA, inter alia, found Osorio-Mendez failed to establish she would be harmed on account of a protected ground. When the BIA issued its decision, it did not have the benefit of this court's decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081, 1083 (9th Cir. 2013) (en banc) (recognizing witnesses who testify against gang members may constitute a particular social group), 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 for the agency to determine the impact, if any, of these decisions. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.