Edverid Castro Garcia v. Eric Holder, Jr.

MEMORANDUM

Edverid Cridvid Castro Garcia, a Guatemalan citizen and indigenous Cakchiquel Mayan, petitions for review of the Board of Immigration Appeals’ dismissal of his appeal from the Immigration Judge’s denial of his applications for withholding of removal under the Immigration and Nationality Act and withholding and deferral of removal under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We DENY the petition.

The BIA did not err in applying Matter of Y-L-, 23 I. & N. Dec. 270 (A.G.2002), to determine that Castro Garcia’s 1991 conviction for violating California Health and Safety Code § 11351.5 is a particularly serious crime barring his applications for withholding of removal. Miguel-Miguel v. Gonzales, 500 F.3d 941 (9th Cir.2007), did not create a per se rule that application of Y-L- to all criminal convictions entered prior to 2002 is impermissible. Garfias-Rodriguez v. Holder, 702 F.3d 504 , 519-20 (9th Cir.2012) (en banc). Under a proper, individualized analysis of the factors identified in Montgomery Ward & Co., Inc., v. FTC, 691 F.2d 1322, 1338 (9th Cir.1982), application of Y-L- to Castro Garcia’s case was not impermissibly…