EPIGMENIO HERNANDEZ HERNANDEZ and ANGELICA JANETH ORTEGA DE HERNANDEZ 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.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EPIGMENIO HERNANDEZ
HERNANDEZ and ANGELICA JANETH
ORTEGA DE HERNANDEZ,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-72869
BIA Nos. A096-356-332
A096-356-333
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted June 22, 2011
Pasadena, California
Before: REINHARDT, W. FLETCHER and N.R. SMITH, Circuit Judges.
Epigmenio Hernandez Hernandez (Hernandez) and Angelica Janeth Ortega
de Hernandez (Ortega), natives and citizens of Mexico, petition for review of the
FILED
APR 05 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Board of Immigration Appeals’ dismissal of their appeal of an Immigration
Judge’s decision denying them cancellation of removal.
We express no opinion on the underlying cancellation of removal issue at
this time because of an intervening development: Petitioners have obtained valid
U-Visas issued by the United States Citizenship and Immigration Service. Because
the BIA has not had the opportunity to evaluate the consequences of this
significant intervening development, we remand this case on a limited basis for the
BIA to address the effect of the approved U-Visas on Petitioners’ removal order in
the first instance. See INS v. Ventura, 537 U.S. 12, 16 (2002) (per curiam). The
panel will retain jurisdiction over this case.
REMANDED for further proceedings consistent with this disposition.

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