Eleazar Calmo-Mendoza v. Merrick Garland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 18 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ELEAZAR CALMO-MENDOZA, No. 20-73367

Petitioner, Agency No. A095-784-778

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Argued and Submitted July 5, 2022 Honolulu, Hawaii

Before: WARDLAW, NGUYEN, and OWENS, Circuit Judges.

Petitioner Eleazar Calmo Mendoza, a citizen and national of Guatemala,

appeals from the Board of Immigration Appeals’ (“BIA”) decision affirming the

Immigration Judge’s (“IJ”) denial of his application for protection under the

Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. §

1252. “Because the BIA affirmed on the basis of Matter of Burbano, we review

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. the IJ’s decision as if it were the BIA’s decision.” Alam v. Garland, 11 F.4th 1133,

1135 (9th Cir. 2021) (en banc). Reviewing the denial…