G. C. v. Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EDGAR G.C., No. 21-1228

Petitioner, Agency No.

A200-694-332

v.

MERRICK B. GARLAND, Attorney OPINION General,

Respondent.

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

Argued and Submitted April 2, 2024 Pasadena, California

Filed July 30, 2024

Before: Ryan D. Nelson, Lawrence VanDyke, and Gabriel P. Sanchez, Circuit Judges.

Opinion by Judge VanDyke; Partial Concurrence and Partial Dissent by Judge Sanchez SUMMARY *

Immigration

The panel denied G.C.’s petition for review of the Board of Immigration Appeals’ decision upholding the denial of withholding of removal and protection under the Convention Against Torture. G.C. contended that he was entitled to withholding and CAT relief based on a risk of future persecution and torture by his father and the Los Zetas cartel, of which his father is a member. The panel held that the BIA did not abuse its discretion in determining that G.C.’s assault conviction under California Penal Code § 245(a)(4) constituted a particularly serious crime, which rendered…