Virginio Garcia-Hernandez v. Merrick Garland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 1 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

VIRGINIO GARCIA-HERNANDEZ, No. 21-70181

Petitioner, Agency No. A205-917-507

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Argued and Submitted January 10, 2022 Pasadena, California

Before: TASHIMA, M. SMITH, and WATFORD, Circuit Judges. Dissent by Judge WATFORD.

Petitioner Virginio Garcia-Hernandez appeals from an immigration judge’s

(IJ) order concluding that he was not entitled to relief from his reinstated removal

order. The IJ’s order was issued after a reasonable fear review hearing where Garcia-

Hernandez testified. See 8 C.F.R. § 1208.31. The IJ agreed with an asylum officer’s

(AO) determination that Garcia-Hernandez had failed to demonstrate a reasonable

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. fear of persecution or torture should he be removed to Mexico. On appeal,…