Jesus Israel Santos- Hernandez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESUS ISRAEL SANTOS-
HERNANDEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-73340
Agency No. A205-717-086
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Jesus Israel Santos-Hernandez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) decision denying his applications for asylum,
withholding of removal, relief under the Convention Against Torture, cancellation
FILED
NOV 24 2015
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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of removal, and adjustment of status. We have jurisdiction under 8 U.S.C. § 1252.
We review for substantial evidence the agency’s factual findings, Silaya v.
Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We grant the petition for review
and remand for further proceedings.
When the IJ and BIA evaluated the merits of this case, they did not have the
benefit of the Supreme Court’s decision in Mellouli v. Lynch, 135 S.Ct. 1980
(2015) or this court’s decision in Madrigal-Barcenas v. Lynch, 797 F.3dd 643 (9th
Cir. 2015). Thus, we grant the petition for review, and remand for further
proceeding consistent with this disposition, including a determination by the
agency of the impact, if any, of Mellouli and Madrigal-Barcenas on its analysis of
Santos-Hernandez’s potential claims for relief. Further, the BIA’s findings that the
IJ afforded Santos-Hernandez five continuances prior to the merits hearing and that
Santos-Hernandez stated that he wished to go forward pro se at the merits hearing
are not supported by the record.
In light of this remand, we do not reach Santos-Hernandez’s contentions
regarding the merits of his claims for relief.
PETITION FOR REVIEW GRANTED; REMANDED.
13-73340 2

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