Gabriela Quinonez v. Loretta E. Lynch

MEMORANDUM

Petitioner Gabriela 0. Quinonez petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“U”) decision denying her applications for asylum and other relief under the Immigration and Nationality Act (“INA”), and protection under the Convention Against Torture (“CAT”). As the parties are familiar with the facts, we do not recount them here. We deny the petition for review.

Quinonez challenges the BIA’s determination that her conviction for arson in violation of California Penal Code § 451(d) was a “particularly serious crime,” making her ineligible for asylum or for withholding of removal under the INA and the CAT. See 8 U.S.C. §§ 1158 (b)(2)(A)(ii), 1231(b)(3)(B)(ii). The BIA did not abuse its discretion in determining that Quinonez’s arson conviction was a “particularly serious crime” based on the nature of the conviction, the sentence imposed, and the circumstances and underlying facts of the conviction. See Arbid v. Holder, 700 F.3d 379, 384-85 (9th Cir. 2012) (per curiam) (setting forth standard of review and factors for consideration).

Quinonez also argues that the IJ erred by concluding that her…