Jose Gutierrez Penaloza v. Merrick Garland

FILED

NOT FOR PUBLICATION

FEB 22 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE REY GUTIERREZ PENALOZA, No. 18-72993 AKA Noe E. Abrego, Agency No. A075-602-035 Petitioner,

v. MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Argued and Submitted February 9, 2022 San Francisco, California

Before: WARDLAW, IKUTA, and BADE, Circuit Judges.

Jose Rey Gutierrez Penaloza seeks review of a decision of the Board of

Immigration Appeals (BIA) dismissing his administrative appeal of an

Immigration Judge’s (IJ) order denying his application for deferral of removal

under the Convention Against Torture (CAT). We have jurisdiction under

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. U.S.C. § 1252. We deny the petition in part, dismiss it in part, grant it in part, and

remand in part to the agency for further proceedings.

The agency correctly held that, for purposes of CAT,…