Roberto Yanez-Paez v. William Barr

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 24 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERTO YANEZ-PAEZ, No. 16-70811 Petitioner, Agency No. A200-975-172 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. 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. 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. 2 16-70811 Court of Appeals for the Ninth Circuit ca9 9th Cir. Roberto Yanez-Paez v. William Barr 24 May 2019 Agency Unpublished b64cc87302300a5001239e1e71abd479e869ed17

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals