Smith v. Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARLON ALONZO SMITH, No. 22-954 Agency No. Petitioner,

A036-706-804

v. OPINION

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Argued and Submitted October 17, 2023 San Francisco, California

Filed June 3, 2024

Before: Carlos T. Bea, Morgan Christen, and Anthony D. Johnstone, Circuit Judges.

Opinion by Judge Christen; Dissent by Judge Johnstone SUMMARY *

Immigration

Denying Marlon Alonzo Smith’s petition for review of a decision of the Board of Immigration Appeals, the panel exercised its discretion to consider an argument that the Government raised for the first time during oral argument; concluded that Smith failed to preserve his challenge to the authenticity of the three documents that the agency relied on in finding him removable; rejected Smith’s due process arguments; and concluded that substantial evidence supported the denial of relief under the Convention Against Torture (CAT). Smith was found removable as an alien convicted of an…