From Casetext: Smarter Legal Research

Cuen v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jul 27, 2015
610 F. App'x 667 (9th Cir. 2015)

Opinion

No. 13-70970

07-27-2015

ARMANDO GRIJALVA CUEN, AKA Armando Cuen Grijalva, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A013-676-269 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: CANBY, BEA, and MURGUIA, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Armando Grijalva Cuen, 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 ("IJ") decision denying his applications for cancellation of removal for certain lawful permanent residents and voluntary departure as a matter of discretion. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law and constitutional claims. Coronado v. Holder, 759 F.3d 977, 982 (9th Cir. 2014). We grant the petition for review and remand.

Before the BIA, Grijalva Cuen contended that, in determining that Grijalva Cuen did not warrant a favorable exercise of discretion, the IJ erred in considering alleged arrests and convictions for which there was no evidence in the record. The BIA did not address this contention nor clarify whether it considered such incidents in affirming the IJ's decision. We therefore remand for the BIA to clarify whether it considered as a negative factor in its discretionary analysis alleged arrests and convictions for which there was no evidence in the record and, if so, address Grijalva Cuen's contention that doing so was error. See She v. Holder, 629 F.3d 958, 963-64 (9th Cir. 2010) (remanding where "we lack the clairvoyance necessary to confidently infer the reasoning behind the BIA's conclusion"); Hernandez v. Ashcroft, 345 F.3d 824, 849 (9th Cir. 2003) (reviewing whether the BIA considered an impermissible factor in making a discretionary determination).

PETITION FOR REVIEW GRANTED; REMANDED.


Summaries of

Cuen v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jul 27, 2015
610 F. App'x 667 (9th Cir. 2015)
Case details for

Cuen v. Lynch

Case Details

Full title:ARMANDO GRIJALVA CUEN, AKA Armando Cuen Grijalva, Petitioner, v. LORETTA…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jul 27, 2015

Citations

610 F. App'x 667 (9th Cir. 2015)