Eric De Leon-Sanchez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERIC DE LEON-SANCHEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 11-71186
Agency No. A098-914-820
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Eric De Leon-Sanchez, a native and citizen of Guatemala, 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,
withholding of removal, and protection under the Convention Against Torture
FILED
APR 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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(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070
(9th Cir. 2008). We deny in part and grant in part the petition for review, and we
remand.
Substantial evidence supports the agency’s denial of De Leon-Sanchez’s
CAT claim because he failed to establish it is more likely than not he would be
tortured if returned to Guatemala. See id. at 1073. Thus, we deny the petition for
review as to De Leon-Sanchez’s CAT claim.
In denying De Leon-Sanchez’s asylum and withholding of removal claims,
the agency found he 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 De Leon-Sanchez’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).
11-71186 2

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Each party shall bear its own costs for this petition for review.
PETITION FOR REVIEW DENIED in part; GRANTED in part;
REMANDED.
11-71186 3

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