Merida Esperanza Hernandez, a.k.a. Senaida Hernandez Lopez; v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MERIDA ESPERANZA HERNANDEZ,
a.k.a. Senaida Hernandez Lopez; et al.,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-72718
Agency Nos. A070-937-823
A099-967-395
A099-967-396
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Merida Esperanza Hernandez and her sons, natives and citizens of
Guatemala, petition for review of the Board of Immigration Appeals’ order
dismissing their appeal from an immigration judge’s (“IJ”) decision denying their
applications for asylum and withholding of removal. We have jurisdiction under
FILED
MAR 17 2014
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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8 U.S.C. § 1252. We review de novo questions of law. Perdomo v. Holder, 611
F.3d 662, 665 (9th Cir. 2010). We grant the petition for review and we remand.
Petitioners claim past persecution and a fear of future persecution on account
of Merida Hernandez’s membership in a particular social group of uneducated
impoverished Guatemalan women. The IJ rejected petitioners’ proposed social
group because it represented a “large segment” of the Guatemalan population. In
light of our intervening decision in Perdomo, 611 F.3d 662, 669, we grant
petitioners’ petition for review and remand their asylum and withholding of
removal claims for further proceedings consistent with this disposition. See INS v.
Ventura, 537 U.S. 12, 16-18 (2002) (per curiam). In light of our remand, we do
not reach petitioners’ arguments in their motion to remand.
Finally, we grant petitioners’ motion for stay of removal.
PETITION FOR REVIEW GRANTED; REMANDED.
09-72718 2

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