Gonzalez-Pena

FILED

NOT FOR PUBLICATION

APR 10 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JULIO BENJAMIN GONZALEZ-PENA, No. 22-1303

Petitioner, Agency No. A87-629-112

v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Argued and Submitted February 13, 2024 Submission Vacated February 14, 2024 Resubmitted April 10, 2024 Pasadena, California

Before: W. FLETCHER, NGUYEN, and LEE, Circuit Judges.

Petitioner Julio Benjamin Gonzalez-Pena petitions for review of an order by

the Board of Immigration Appeals (“BIA”) dismissing his appeal from the denial

of his claims for withholding of removal and protection under the Convention

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We deny

the petition.

Gonzalez-Pena argues that a regulation barring asylum claims by non-

citizens who are subject to reinstated removal orders conflicts with his…