Melvin Amaya v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MELVIN ADIEL AMAYA, AKA No. 18-70060 Melvin Adiel Amaya-Cartagena, Petitioner, Agency No.

A077-152-130

v.

MERRICK B. GARLAND, Attorney OPINION General, Respondent.

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

Argued and Submitted May 13, 2021 Pasadena, California

Filed October 7, 2021

Before: Jay S. Bybee and Daniel A. Bress, Circuit Judges, and Kathleen Cardone,* District Judge.

Opinion by Judge Bybee

* The Honorable Kathleen Cardone, United States District Judge for the Western District of Texas, sitting by designation. SUMMARY**

Immigration

Denying in part and dismissing in part Melvin Amaya’s petition for review of a decision of the Board of Immigration Appeals, the panel held that: (1) first-degree assault under Washington Revised Code § 9A.36.011 is categorically a crime of violence aggravated felony; (2) the court lacked jurisdiction to consider Amaya’s unexhausted due process claim; and (3) substantial evidence supported the denial of relief under the Convention Against…