Oscar Amaya v. Merrick Garland

FILED

NOT FOR PUBLICATION

SEP 15 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

OSCAR ARMANDO AMAYA, No. 20-72745

Petitioner, Agency No. A099-537-014

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Argued and Submitted August 30, 2021 San Francisco, California

Before: SCHROEDER, RAWLINSON, and BYBEE, Circuit Judges.

Petitioner Oscar Amaya (Amaya), a native and citizen of El Salvador, seeks

review of the decision of the Board of Immigration Appeals (BIA) denying him

relief under the Convention Against Torture (CAT). Amaya alleges that he fears

returning to El Salvador because (1) he cooperated with police against gang

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. members who killed his brother in his presence, and (2) he has Norteños gang

tattoos that may lead to violence from other gangs and persecution from the

Salvadoran government.

1. Substantial evidence…