Carlos Madrid v. Eric Holder, Jr.

MEMORANDUM **

Carlos Jaime Madrid petitions for review of a final order of the Board of Immigration Appeals (Board) holding him removable, and declaring him ineligible for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The petition is denied.

An alien is ineligible for withholding of removal if the alien, “having been convicted by a final judgment of a particularly serious crime[,] is a danger to the community of the United States.” Anaya-Ortiz v. Holder, 594 F.3d 673, 675 (9th Cir.2010) (quoting 8 U.S.C. § 1231 (b)(3)(B)(ii)). Likewise, an alien who has been convicted *791 of a “particularly serious crime” is ineligible for both asylum and withholding of removal under the CAT. Arbid v. Holder, 700 F.3d 379, 385 (9th Cir.2012); Delgado v. Holder, 648 F.3d 1095 , 1105 n. 14 (9th Cir.2011) (en banc).

As we explained in Delgado , the Attorney General “has the authority to designate offenses as particularly serious crimes through case-by-case adjudication of individual asylum applications.” Delgado, 648 F.3d at 1106 . In determining whether an alien has committed a particularly serious crime, the Board is to consider “the nature of the…

dissenting in part:

I join the majority with regard to Madrid’s claim for deferral of removal under the Convention Against Torture (“CAT”). But I would hold that the BIA abused its discretion in holding that Madrid’s conviction for cruelty to animals under California Penal Code § 597(a) qualifies as a “particularly serious crime,” rendering him ineligible for asylum or withholding of removal. See 8 U.S.C. §§ 1158 (b)(2)(A), 1231(b)(3)(B)(ii).

“[T]he BIA abuses its discretion when it fails to provide a reasoned explanation for its actions[,]” Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005), or when “it fails to ‘indicate how it weighed the factors involved and how it arrived at its conclusion[.]’ ” Alphonsus v. Holder, 705 F.3d 1031, 1044 (9th Cir.2013) (citations omitted).

Madrid testified that he scalded the dog in the bath, causing its skin to peel off— but that he did not kill the dog. Rather, the dog’s owner took the dog to the veterinarian and they “g[a]ve him a shot, and put him to sleep[.]” The immigration judge made an explicit, positive credibility determination, which the BIA did not overturn. Madrid is therefore entitled to the presumption of credibility,…

FILED

NOT FOR PUBLICATION OCT 08 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARLOS JAIME MADRID, AKA No. 12-70541 Manuel Contreras, AKA Carlos Jaime Madrid-Cabrera, Agency No. A095-656-580

Petitioner,

MEMORANDUM*

v.

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

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

Argued and Submitted September 12, 2013 San Francisco, California

Before: WALLACE and BERZON, Circuit Judges, and ZOUHARY, District Judge.**

Carlos Jaime Madrid petitions for review of a final order of the Board of

Immigration Appeals (Board) holding him removable, and declaring him ineligible

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Jack Zouhary, District Judge for the U.S. District Court for the Northern District of Ohio, sitting by designation. for asylum, withholding of removal, and protection under the Convention Against

Torture (CAT). The petition is denied.

An alien…