121609P.pdf   11/07/2012  Daniel Flores  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  12-1609
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Melloy, Author, with Benton, Circuit Judge and Baker,
   District Judge]
   Petition for Review - Immigration. It was not clear from the record
   why the BIA upheld the IJ's finding that petitioner had not suffered past
   persecution, and the matter must be remanded to the BIA for clarification;
   remand is also necessary because if the BIA is upholding the IJ's apparent
   adoption of a blanket rule that past persecution of family members can
   never be the basis for a past persecution claim, this is an incorrect
   statement of the law of the circuit; alternatively, if the BIA based its
   finding that petitioner's claims of past persecution based on past harm to
   his family were not on account of a protected ground, the BIA engaged in
   improper factfinding; the BIA also engaged in an independent factual
   analysis regarding the issue of whether petitioner was eligible for
   cancellation of removal and the issue is remanded for further review
   under the proper scope of review.