Cesar Cruz-Mendez v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CESAR CRUZ-MENDEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-72644
Agency No. A092-514-431
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2014**
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Cesar Cruz-Mendez, 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 decision denying his application for deferral of removal under
the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
FILED
JUN 16 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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§ 1252. We review for substantial evidence factual findings. Delgado v. Holder,
563 F.3d 863, 874 (9th Cir. 2009). We grant the petition for review, and remand.
In denying Cruz-Mendez’s CAT claim, the BIA erred in failing to discuss
the country conditions evidence in the record. See Aguilar-Ramos v. Holder, 594
F.3d 701, 705 & n.6 (9th Cir. 2010) (“The government does not dispute that the
BIA failed to mention the Country Report in its decision.”). Thus, we grant the
petition for review and remand for the BIA to do so in the first instance. See INS v.
Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
PETITION FOR REVIEW GRANTED; REMANDED.

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