Lopez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHRISTIAN LOPEZ, No. 23-870 Agency No. Petitioner,

A205-882-422

v.

MERRICK B. GARLAND, Attorney

OPINION

General,

Respondent.

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

Argued and Submitted May 17, 2024 San Francisco, California

Filed September 11, 2024

Before: Sidney R. Thomas, Consuelo M. Callahan, and Gabriel P. Sanchez, Circuit Judges.

Opinion by Judge Sidney R. Thomas; Partial Concurrence and Partial Dissent by Judge Gabriel P. Sanchez SUMMARY*

Immigration

Denying Christian Lopez’s petition for review of a decision of the Board of Immigration Appeals, the panel concluded that: (1) Lopez’s petit larceny convictions under Reno Municipal Code (“RMC”) § 8.10.040 are crimes involving moral turpitude (“CIMTs”) that made him removable; (2) the agency did not err in denying Lopez’s asylum application as untimely; and (3) substantial evidence supported the denial of withholding of removal. In Matter of Diaz-Lizarraga, 26 I. & N. Dec. 847 (BIA 2016), the BIA held that a theft offense constitutes a CIMT if it includes an…