Diaz-Damian

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 6 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE LUIS DIAZ-DAMIAN, No. 22-1926 Agency No. Petitioner, A208-583-341 v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Submitted March 4, 2024** Pasadena, California

Before: CLIFTON, H.A. THOMAS, and DESAI, Circuit Judges.

Jose Luis Diaz-Damian, a native and citizen of Mexico, petitions for review

of the Board of Immigration Appeals’ dismissal of his appeal of an Immigration

Judge’s denial of his applications for withholding of removal and relief under the

Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252. We deny

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). the petition for review.

When the BIA “review[s] the IJ’s credibility-based…