Elmer Lopez-Rodriguez v. Merrick Garland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 1 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ELMER ROSENDO LOPEZ-RODRIGUEZ, No. 21-70418

Petitioner, Agency No. A206-082-632

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.

Petitioner Elmer Lopez-Rodriguez seeks review of the Board of Immigration

Appeals’ (BIA) denial of his applications for asylum, withholding of removal, and

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

U.S.C. § 1252. We grant the petition in part, deny in part, and remand to the BIA for

further proceedings.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. “Where, as here, the BIA cites [Matter of Burbano, 20 I. & N. Dec. 872, 874

(BIA 1994)] and also provides its own review of the evidence and law, we review

both the…