Maximo De Leon-Ajucum v. Merrick Garland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 13 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MAXIMO DE LEON-AJUCUM, No. 20-70433

Petitioner, Agency No. A205-023-748

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 19, 2021 San Francisco, California

Before: PAEZ, WATFORD, and FRIEDLAND, Circuit Judges.

Maximo De Leon Ajucum (“De Leon”), a native and citizen of Guatemala,

petitions for review of a Board of Immigration Appeals (“BIA”) order denying his

motion to reopen to pursue relief under the Convention Against Torture (“CAT”).

We grant the petition and remand with instructions to grant the motion to reopen.

1. The BIA abused its discretion in denying De Leon’s motion to reopen,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. which included sworn declarations by De Leon and his sister providing evidence

that he had received ineffective…