Luis Castillo-Interiano v. Eric Holder, Jr.

MEMORANDUM

Luis Carlos Castillo-Interiano, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo due process claims and questions of law. Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

The agency found Castillo-Interiano removable under 8 U.S.C. § 1227 (a)(2)(A) as an alien convicted of a crime of moral turpitude and an aggravated felony theft offense for his conviction of second degree robbery under California Penal Code § 211. The agency applied the correct legal standard in determining that Castillo-Interiano’s aggravated felony conviction, which resulted in a sentence of three years of imprisonment, was a particularly serious crime. See 8 U.S.C. § 1231 (b)(3)(B).

Castillo-Interiano failed to raise, and therefore waived, any challenge to the BIA’s denial of his applications for CAT…