Merlos

Merlos v. U.S. Immigration & Naturalization Service

Good Law
203 F. App'x 863
United States Court of Appeals for the Ninth CircuitNovember 1, 2006No. 05-55119California322 words

Opinion

Lead Opinion

MEMORANDUM ***

Rogelio Jordan Merlos petitions for review of the Board of Immigration Appeals’s dismissal of his withholding of removal claim. 1 Merlos is a native and citizen of Mexico convicted of money *864 laundering in violation of 18 U.S.C. § 1956 (h). The Immigration Judge denied Merlos’s asylum, withholding of removal, and Convention Against Torture claims, concluding he was statutorily ineligible for asylum under U.S.C. § 1158(b)(2)(B)(I) because he was convicted of an aggravated felony as defined in 8 U.S.C. § 1101 (a)(43)(D), statutorily ineligible for withholding of removal under 8 U.S.C. § 1231 (b)(3) because he was convicted of a “particularly serious crime,” and ineligible for relief under the Convention Against Torture because he failed to show he would be persecuted or tortured if he were returned to Mexico.

The Board of Immigration Appeals adopted the Immigration Judge’s finding of fact and dismissed Merlos’s appeal. While the Board of Immigration Appeals found Merlos was not convicted of a “particularly serious crime” under 8 U.S.C. § 1231 (b)(3), it denied his withholding of removal and Convention Against Torture claims because he failed to show he would be…

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