Daniel Rodriguez-Sanchez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DANIEL RODRIGUEZ-SANCHEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-73867
Agency No. A206-149-317
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Daniel Rodriguez-Sanchez, 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 application for
withholding of removal and protection under the Convention Against Torture
* 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).
FILED
JAN 26 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence the agency’s factual findings. Brezilien v. Holder, 569 F.3d 403, 411 (9th
Cir. 2009). We grant the petition for review, and we remand.
In affirming the IJ’s denial of relief, the BIA did not address past
persecution. See Brezilien, 569 F.3d at 412. Thus, we grant the petition for review
and remand Rodriguez-Sanchez’s withholding of removal and CAT claims to the
agency for further proceedings consistent with this disposition. See INS v.
Ventura, 537 U.S. 12, 16-18 (2002) (per curiam). In light of our disposition, we do
not reach Rodriguez-Sanchez’s other contentions.
PETITION FOR REVIEW GRANTED; REMANDED.

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