Juana Espino Garcia v. Merrick Garland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 31 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUANA IRIS ESPINO GARCIA, No. 16-72838

Petitioner, Agency No. A206-913-479

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Argued and Submitted August 10, 2022 Seattle, Washington

Before: BERZON, CHRISTEN, and FORREST, Circuit Judges.

Partial Concurrence and Partial Dissent by Judge FORREST.

Juana Iris Espino Garcia (“Espino Garcia”), a native and citizen of Mexico,

petitions for review from the Board of Immigration Appeals’ (“BIA’s”) dismissal

of her appeal from the immigration judge’s (“IJ’s”) denial of her application for

asylum, withholding of removal under the Immigration and Nationality Act, and

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. withholding of removal under the Convention Against Torture (“CAT”). We grant

the petition in part and deny it in part.

When “the BIA…