Selvin Villeda Monroy, a.k.a. Selvin Armando Villeda-Monroy v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SELVIN VILLEDA MONROY, a.k.a.
Selvin Armando Villeda-Monroy,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-73356
Agency No. A099-529-282
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012**
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Selvin Villeda Monroy, native and citizen of Guatemala, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for asylum and withholding
FILED
MAY 22 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-73356 2
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for
substantial evidence the agency’s factual findings. Afriyie v. Holder, 613 F.3d 924,
931 (9th Cir. 2010). We grant the petition for review, and we remand.
The agency denied relief on the sole basis that Villeda Monroy failed to
show the government was unwilling or unable to protect him. Substantial evidence
does not support this finding in light of Villeda Monroy’s testimony regarding the
murder of his grandparents, the murder of his father and the subsequent attack on
Villeda Monroy by the same individuals. See id. at 931-32. Accordingly, we
remand for further proceedings consistent with this disposition. See INS v.
Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.

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