Rene Meza-Barhona v. Loretta E. Lynch

MEMORANDUM

Petitioner Rene Alfredo Meza-Barhona petitions for review of two BIA decisions. In the first, the BIA reversed the IJ’s grant of withholding of removal under 8 U.S.C. § 1231 (b)(3)(A), finding that Meza-Barhona’s prior conviction for possession of child pornography constituted a particularly serious crime, such that he is barred from obtaining withholding of removal under 8 U.S.C. § 1231 (b)(3)(B)(ii). In the second decision, the BIA affirmed the IJ’s denial of Meza-Barhona’s claim under the Convention Against Torture (CAT). “[W]e review de novo the BIA’s determinations of questions of law and its legal conclusions.” Rodriguez v. Holder, 683 F.3d 1164, 1169 (9th Cir.2012). “We review factual findings of the BIA for substantial evidence,”''and we will uphold such findings “unless the evidence compels a contrary result.” Gallegos-Vasquez v. Holder, 636 F.3d 1181, 1184 (9th Cir.2011). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

Meza-Barhona argues that the BIA failed to apply a case-by-case standard in making its particularly serious crime determination and instead concluded that his child pornography conviction was per se a…