Oroh v. Holder

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 29, 2010
• Docket: 07-73453
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION JUL 29 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ERIC AUDY OROH, No. 07-73453

Petitioner, Agency No. A095-618-262

v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted July 19, 2010 **

Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.

Eric Audy Oroh, a native and citizen of Indonesia, petitions for review of the

Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an

immigration judge’s decision denying his claim for withholding of removal. We

have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence

* 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). factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We

grant the petition for review and remand.

In analyzing Oroh’s withholding of removal claim, the BIA declined to

apply the disfavored group analysis set forth in Sael v. Ashcroft, 386 F.3d 922,

927-29 (9th Cir. 2004). Because intervening case law holds the disfavored group

analysis applies to withholding of removal claims, see Wakkary, 558 F.3d at

1062-65, we remand to the agency for reconsideration whether Oroh is entitled to

withholding of removal, see INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per

curiam); see also Tampubolon v. Holder, 598 F.3d 521, 526 (9th Cir. 2010)

(“[A]ny reasonable factfinder would be compelled to conclude on this record that

Christian Indonesians are a disfavored group.”).

PETITION FOR REVIEW GRANTED; REMANDED.

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