Reina Isabel Fuentes- Chavarria 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, and we therefore deny Fuentes-Chavarria’s request for oral
argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
REINA ISABEL FUENTES-
CHAVARRIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73374
Agency No. A098-884-250
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Reina Isabel Fuentes-Chavarria, a native and citizen of Honduras, petitions
for review of the Board of Immigration Appeals’ order summarily affirming an
immigration judge’s (“IJ”) decision denying her application for asylum and
FILED
JUL 16 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-73374 2
withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant
the petition for review.
The IJ found that petitioner demonstrated that she was a member of a
particular social group consisting of her husband’s family. But, the IJ also found
that petitioner failed to establish persecution on account of a protected ground
because she did not demonstrate that she and the other members of her husband’s
family had a “shared, immutable characteristic.” Because the IJ’s two findings
appear incompatible, we remand for clarification. See Recinos De Leon v.
Gonzales, 400 F.3d 1185, 1194 (9th Cir. 2005) (remanding because “[w]e will not
guess at the theory underlying the IJ’s . . .opinion”) (internal quotations omitted).
PETITION FOR REVIEW GRANTED; REMANDED.

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