Cesar Alcaraz-Enriquez v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CESAR ALCARAZ-ENRIQUEZ, No. 15-71553 Petitioner, Agency No. v. A075-191-250

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

On Remand from the United States Supreme Court

Filed September 16, 2021

Before: Carlos T. Bea and N. Randy Smith, Circuit Judges, and David C. Nye, * District Judge.

Opinion by Judge Bea

* The Honorable David C. Nye, Chief United States District Judge for the District of Idaho, sitting by designation. ALCARAZ-ENRIQUEZ V. GARLAND

SUMMARY **

Immigration

On remand from the Supreme Court, the panel granted in part and denied in part Cesar Alcaraz-Enriquez’s petition for review of a decision of the Board of Immigration Appeals, and remanded, concluding that: (1) in the absence of an opportunity to cross-examine the author of a probation report or the underlying declarant, the Board erred in relying on the report to conclude that Alcaraz had been convicted of a particularly serious crime; and (2) the Board did not err in denying Alcaraz’s application for deferral of…