Sandra Margarita Amaya- Palacios; v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SANDRA MARGARITA AMAYA-
PALACIOS; et al.,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-71513
Agency Nos. A099-537-013
A099-537-014
A099-537-015
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Sandra Margarita Amaya-Palacios, and her sons, natives and citizens of El
Salvador, petition for review of the Board of Immigration Appeals’ (“BIA”) order
sustaining respondent’s appeal from an immigration judge’s decision granting their
FILED
MAY 28 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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application for asylum and withholding of removal. We have jurisdiction under
8 U.S.C. § 1252. We grant the petition for review and remand.
In denying petitioners’ asylum and withholding of removal claims, the BIA
found petitioners failed to establish a well-founded fear of future persecution on
account of a protected ground. When the BIA issued its decision, it did not have
the benefit of either this court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d
1081, 1083 (9th Cir. 2013) (en banc) (recognizing witnesses who testify against
gang members may constitute a particular social group) and Cordoba v. Holder,
726 F.3d 1106 (9th Cir. 2013), or the BIA’s decisions in Matter of M-E-V-G-, 26 I.
& N. Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I. & N. Dec. 208 (BIA
2014). Thus, we remand petitioners’ asylum and withholding of removal claims to
determine the impact, if any, of these decisions. See INS v. Ventura, 537 U.S. 12,
16-18 (2002) (per curiam). In light of this remand, we do not reach petitioners’
remaining challenges to the BIA’s denial of asylum or withholding of removal at
this time.
PETITION FOR REVIEW GRANTED; REMANDED.
10-71513 2

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