Sixuan Pan v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION JUL 23 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SIXUAN PAN, No. 09-73772 Petitioner, Agency No. A099-064-616 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 17, 2012 ** Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges. Sixuan Pan, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have * 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). jurisdiction under 8 U.S.C. § 1252. We grant the petition for review, and we remand. The BIA did not have the benefit of our decision in Hu v. Holder, 652 F.3d 1011 (9th Cir. 2011), at the time it reviewed Pan’s appeal. Accordingly, we grant Pan’s petition for review and remand for the BIA to consider in the first instance the impact, if any, of Hu on Pan’s claims for asylum, withholding of removal, and CAT relief. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam). PETITION FOR REVIEW GRANTED; REMANDED. 2 09-73772