Juan Ortiz-Ortiz 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NOT FOR PUBLICATION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
JUAN ORTIZ-ORTIZ,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-73463
Agency No. A072-403-624
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Juan Ortiz-Ortiz, 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 decision denying his application for asylum, withholding of
FILED
JUN 10 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-73463 2
removal, and protection under the Convention Against Torture (“CAT”). We have
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the BIA’s
factual findings, Lopez v. Ashcroft, 366 F.3d 799, 802 (9th Cir. 2004), and we grant
the petition for review.
Substantial evidence does not support the BIA’s conclusion that Ortiz-Ortiz
failed to establish past persecution on account of a protected ground because his
credible testimony and documentary evidence establish that he and his family were
targeted by guerrillas because of their pro-government political opinion. See Lopez
v. Ashcroft, 366 F.3d 799, 804 (9th Cir. 2004) (harm by guerrillas was punishment
for alien’s pro-establishment political views).
Because Ortiz-Ortiz established a nexus to a protected ground, we remand to
the BIA for further proceedings consistent with this disposition, see INS v.
Ventura, 537 U.S. 12, 16-18 (2002) (per curiam), taking into consideration Ortiz-
Ortiz’s age at the time of the past harms, see Hernandez-Ortiz v. Gonzales, 496
F.3d 1042, 1045-46 (9th Cir. 2007).
PETITION FOR REVIEW GRANTED; REMANDED.

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