Jorge Oseida v. Merrick Garland

FILED

NOT FOR PUBLICATION

DEC 2 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JORGE LUIS OSEIDA, Jr., No. 20-72393

Petitioner, Agency No. A213-204-226

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Argued and Submitted November 16, 2021 San Francisco, California

Before: SCHROEDER, W. FLETCHER, and MILLER, Circuit Judges. Partial Concurrence and Partial Dissent by Judge MILLER

Jorge Oseida was convicted of an aggravated felony and ordered removed to

Guatemala under 8 U.S.C. § 1227(a)(2)(A)(iii). In reviewing the determination of

an asylum officer, the Immigration Judge (“IJ”) held that Oseida did not have a

reasonable fear of persecution or torture in Guatemala. Because Oseida was

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. subject to expedited removal proceedings under 8 U.S.C. § 1228 and the IJ

concurred in the determination of the asylum officer, Oseida could not…