Florinda Niz-Chavez v. Merrick Garland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 17 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FLORINDA NIZ-CHAVEZ, No. 19-73198

Petitioner, Agency No. A097-654-146

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of an Immigration Judge

Argued and Submitted April 15, 2021 Seattle, Washington

Before: GRABER and CALLAHAN, Circuit Judges, and SELNA,** District Judge. Dissent by Judge CALLAHAN

Florinda Niz-Chavez, a native and citizen of Guatemala, reentered the

United States illegally. The Department of Homeland Security (DHS) ordered her

removed after reinstating an earlier removal order. Because she expressed fear of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable James V. Selna, United States District Judge for the Central District of California, sitting by designation. persecution and torture if returned to Guatemala, Ms. Niz-Chavez was given a

hearing before an asylum officer to…