Mata Castillo v. Holder

MEMORANDUM

Petitioner Angel Mata Castillo appeals the Board of Immigration Appeal’s (BIA) decision to reverse the Immigration Judge’s (IJ) award of withholding of removal under the immigration statute and for protection under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Delgado v. Holder, 648 F.3d 1095, 1099-100 (9th Cir.2011) (en banc); Edu v. Holder, 624 F.3d 1137, 1142 (9th Cir.2010). We grant the petition in so far as Castillo relies on the CAT.

As to the claim for asylum, Castillo argues that his criminal conviction for selling and transporting methamphetamine does not qualify as a “particularly serious crime.” 8 U.S.C. § 1231 (b)(3)(B)(ii), § 1158 (b)(2) (A) (ii). The state court imposed a sentence of probation with 168 days of community service and Castillo argues that mitigating factors apply to his case.

We discern no legal error. The Attorney General applies a “strong presumption” that a drug trafficking offense resulting in a sentence of less than five years is a “particularly serious crime.” Miguel-Miguel v. Gonzales, 500 F.3d 941, 945-49 (9th Cir.2007); Mahini v. INS, 779 F.2d 1419, 1420-21 (9th Cir.1986). As the seller…