PINEDA CASASOLA v. WHITAKER (2018)

MEMORANDUM **

Jose Antonio Pineda Casasola, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.

The BIA did not have the benefit of Gomez-Sanchez v. Sessions, 892 F.3d 985, 990 (9th Cir. 2018), which overruled Matter of G-G-S-, 26 I. & N. Dec. 339 (BIA 2014), and held the agency must consider an applicant’s mental condition at the time of the crime when determining whether it was particularly serious, when it issued its decision. Thus, we remand for further proceedings consistent with that disposition.

We do not reach Pineda Casasola’s other contentions concerning his eligibility for asylum and withholding, because the BIA did not reach them. See Andia v. Ashcroft, 359 F.3d 1181, 1184 (9th Cir. 2004) (“In reviewing the decision of the BIA, we consider only the grounds relied upon by that agency.”)

Each party shall bear its own costs for this petition for review.

PETITION FOR REVIEW GRANTED; REMANDED.