Candida Maldonado-Valle v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CANDIDA MALDONADO-VALLE,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71279
Agency No. A097-739-198
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Candida Maldonado-Valle, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s (“IJ”) decision denying her application for asylum
FILED
JUN 30 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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and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We
grant the petition for review and remand.
In denying Maldonado-Valle’s asylum and withholding of removal claims,
the agency found Maldonado-Valle failed to establish past persecution or a fear of
future persecution on account of a protected ground. When the IJ and BIA issued
their decisions in this case they did not have the benefit of this court’s decisions in
Perdomo v. Holder, 611 F.3d 662 (9th Cir. 2010), Henriquez-Rivas v. Holder, 707
F.3d 1081 (9th Cir. 2013) (en banc), Cordoba v. Holder, 726 F.3d 1106 (9th Cir.
2013), and Pirir-Boc v. Holder, No. 09-73671, 2014 WL 1797657 (9th Cir. May 7,
2014), 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
Maldonado-Valle’s 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 Maldonado-Valle’s
remaining challenges to the agency’s denial of her asylum and withholding of
removal claims at this time, nor do we reach her request for judicial notice.
PETITION FOR REVIEW GRANTED; REMANDED.
09-71279 2

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