Loya-Leon

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 10 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

OSCAR LOYA-LEON, No. 21-1352

Petitioner, Agency No. A073-445-689

v.

MEMORANDUM *

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Argued and Submitted April 10, 2023 Pasadena, California

Before: FLETCHER, BERZON, and MILLER, Circuit Judges. Partial Concurrence and Partial Dissent by Judge MILLER.

Oscar Loya-Leon, a citizen of Mexico, petitions for review of the Board of

Immigration Appeals’ (“BIA”) dismissal of his appeal from the immigration

judge’s (“IJ”) denial of his applications for asylum, withholding of removal under

the Immigration and Nationality Act (“INA”) and the Convention Against Torture

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

1 (“Convention”), and deferral of removal under the Convention. We grant the

petition in part and deny it in part.

1. The agency did not…