Cesar Rivera-Esquivel v. Merrick Garland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 15 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CESAR DAVID RIVERA-ESQUIVEL, No. 15-73482

Petitioner, Agency No. A074-384-216

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted November 10, 2021** Seattle, Washington

Before: GOULD, TALLMAN, and BUMATAY, Circuit Judges.

Petitioner Cesar David Rivera-Esquivel challenges a final removal order in

which the Board of Immigration Appeals (BIA) ordered him deported to Mexico.

We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition in part and

dismiss it in part for lack of jurisdiction.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 1. Rivera argues that the agency improperly applied the modified

categorical approach to his conviction under Nevada…