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08-73424•JOSE LOPEZ-ABREGO, AKA Jose Neftali Gallegos-Urrutia, AKA Neftaly Gallegos-Urrutia v. ERIC H. HOLDER, Jr., Attorney General
08-73424Court of Appeals for the Ninth CircuitJan 29, 2015
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE LOPEZ-ABREGO, AKA Jose
Neftali Gallegos-Urrutia, AKA Neftaly
Gallegos-Urrutia,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73424
Agency No. A098-291-197
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.
Jose Lopez-Abrego, a native and citizen of El Salvador, 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
FILED
JAN 29 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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withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant
the petition for review and remand.
In denying Lopez-Abrego’s asylum and withholding of removal claim, the
agency found Lopez-Abrego failed to establish past persecution or a likelihood 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 Lopez-Abrego’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).
PETITION FOR REVIEW GRANTED; REMANDED.
08-73424 2
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