Diego Mendoza-Garcia v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DIEGO MENDOZA-GARCIA, No. 20-73583 Petitioner, Agency No. v. A077-148-170

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

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

Argued and Submitted December 9, 2021 San Francisco, California

Filed June 10, 2022

Before: Susan P. Graber and Daniel P. Collins, Circuit Judges, and Jennifer Choe-Groves, * Judge.

Opinion by Judge Choe-Groves

* The Honorable Jennifer Choe-Groves, Judge for the United States Court of International Trade, sitting by designation. MENDOZA-GARCIA V. GARLAND

SUMMARY **

Immigration

Denying in part and granting in part Diego Mendoza- Garcia’s petition for review of a decision of the Board of Immigration Appeals, the panel held that: (1) first-degree burglary of a dwelling under Oregon Revised Statutes section 164.225 is an aggravated felony; and (2) the BIA misapplied a presumption in determining that Petitioner’s conviction was a particularly serious crime barring withholding of removal.

Petitioner…