Roberto Yanez-Paez v. WILLIAM P. BARR, Attorney General

16-70811Court of Appeals for the Ninth Circuit24 mag 2019

Testo completo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERTO YANEZ-PAEZ,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 16-70811
Agency No. A200-975-172
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2019**
Pasadena, California
Before: WARDLAW and HURWITZ, Circuit Judges, and KORMAN,*** District
Judge.
Roberto Yanez-Paez petitions for review of a decision of the Board of
Immigration Appeals (“BIA”) dismissing an appeal from an order of an Immigration
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Edward R. Korman, United States District Judge for
the Eastern District of New York, sitting by designation.
FILED
MAY 24 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Judge denying his applications for asylum, withholding of removal, and protection
under the Convention Against Torture (“CAT”), and pretermitting his application
for cancellation of removal. After the case was fully briefed, the government filed
a citation of supplemental authority and supported a remand of the CAT claim to the
BIA for further reconsideration in light of Barajas-Romero v. Lynch, 846 F.3d 351
(9th Cir. 2017). We agree with that suggestion.
We therefore grant the petition for review and remand to the BIA for further
proceedings. We do not today otherwise address Yanez’s various claims; we can do
so, if necessary, should a future petition for review be filed.
PETITION GRANTED, REMANDED.

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