Villegas

I.

INTRODUCTION

Petitioner Gilbert Michel Villegas is a citizen of Mexico with severe bipolar disorder, who was lawfully admitted to the United States. In 1996, he committed second degree rob- bery in violation of California Penal Code § 211. The govern- ment initiated removal proceedings because of this offense. Villegas conceded removability and sought withholding of removal and relief under the Convention Against Torture (“CAT”). His theory was that if removed to Mexico, he would be unable to afford medications to control his disorder and likely wind up confined indefinitely in a Mexican mental institution, where conditions are deplorable.

The IJ denied relief. He held that the robbery conviction was a “particularly serious crime” that precluded withholding of removal. As to CAT relief, the IJ ruled that although Ville- gas testified credibly and presented uncontested evidence of inhuman conditions in Mexican mental institutions, those con- ditions did not amount to “torture” because nothing indicated that they were created with the specific intent to harm the mentally disabled. The BIA summarily affirmed.

As we explain below, we lack jurisdiction to address the withholding…