Santos Iraheta-Martinez v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SANTOS RAFAEL IRAHETA- No. 18-72692 MARTINEZ, AKA “Jose Benigno,” AKA “Santos Climaco,” Agency No. Petitioner, A098-912-596

v.

OPINION

MERRICK B. GARLAND, Attorney General, Respondent.

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

Argued and Submitted February 11, 2021 San Francisco, California

Filed September 7, 2021

Before: Andrew D. Hurwitz and Daniel A. Bress, Circuit Judges, and Gary Feinerman, * District Judge.

Opinion by Judge Feinerman

* The Honorable Gary Feinerman, United States District Judge for the Northern District of Illinois, sitting by designation. IRAHETA-MARTINEZ V. GARLAND

SUMMARY **

Immigration

Denying Santos Iraheta-Martinez’s petition for review of a decision of the Board of Immigration Appeals, the panel held that: (1) because Iraheta’s prior removal order was reinstated, he had no right under the Immigration and Nationality Act (“INA”) to seek asylum, and no constitutional right to have the Department of Homeland Security consider whether as a discretionary matter to…