Henry Mendoza Angel; Ana Gean De La Cruz v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HENRY MENDOZA ANGEL; ANA
GEAN DE LA CRUZ,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-72318
Agency Nos. A098-914-731
A098-914-733
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2015**
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
Henry Mendoza Angel and Ana Gean de la Cruz, natives and citizens of
Guatemala, petition pro se for review of the Board of Immigration Appeals’
(“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision
FILED
JAN 30 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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denying their applications for asylum. We have jurisdiction under 8 U.S.C.
§ 1252. We grant the petition for review and remand.
In denying petitioners’ asylum claims, the agency found they 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 petitioners’ asylum 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 remand, we do not reach petitioners’
remaining challenges to the agency’s denial of asylum at this time.
Respondent’s motion to hold this case in abeyance is denied.
PETITION FOR REVIEW GRANTED; REMANDED.
12-72318 2

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