Julio Benedicto v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JULIO ENRIQUE BENEDICTO, AKA No. 18-73237 Julio Enrique Garcia-Benedicto, Petitioner, Agency No.

A021-389-277

v.

MERRICK B. GARLAND, Attorney OPINION General, Respondent.

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

Argued and Submitted August 13, 2021 Seattle, Washington

Filed September 9, 2021

Before: David M. Ebel, * Carlos T. Bea, and Lawrence VanDyke, Circuit Judges.

Opinion by Judge VanDyke

* The Honorable David M. Ebel, United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. SUMMARY **

Immigration

Dismissing in part and denying in part Julio Enrique Benedicto’s petition for review of a decision of the Board of Immigration Appeals, the panel held that: 1) Benedicto, a U.S. lawful permanent resident who had been found mentally incompetent, received all possible safeguards in his removal proceedings; 2) he failed to exhaust his claim regarding the “particularly serious crime” determination; and 3) the denial of deferral of removal under the…