YANEZ PAEZ v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

Roberto YANEZ-PAEZ, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 16-70811

Decided: May 24, 2019

Before: WARDLAW and HURWITZ, Circuit Judges, and KORMAN,** District Judge.

Robert Francis Jacobs, Esquire, Attorney, Jacobs & Vega, PLC, Santa Fe Springs, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Robert Dale Tennyson, Jr., Ph. D., Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM ***

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 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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