Dung Dang v. Merrick Garland

FILED

NOT FOR PUBLICATION

OCT 4 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DUNG TUAN DANG, AKA Dung Dang, No. 20-72093

Petitioner, Agency No. A042-490-433

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Argued and Submitted September 14, 2021 San Francisco, California

Before: WALLACE, SCHROEDER, and FORREST, Circuit Judges.

Petitioner Dung Dang, a citizen of Vietnam, petitions for review of the

decision of the Board of Immigration Appeals denying his request for withholding

of removal and for deferral of removal under the Convention Against Torture.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. The Board denied withholding of removal, concluding that Petitioner was

ineligible for such relief because his California conviction of assault with means to

cause great bodily injury was a “particularly serious crime.” 8 U.S.C.

§ 1231(b)(3)(B)(ii); 8 C.F.R. § 1208.16(d)(2). Petitioner…