Hernandez-Delgado

I. BACKGROUND

1 A. Factual Background 2 On March 8, 2016, following trial in the California Superior Court for the County of 3 Monterey, the jury found Petitioner guilty of first-degree murder, found that Petitioner committed 4 the crime for the benefit of a criminal street gang, and found that Petitioner personally used a 5 firearm. ECF No. 10 (“Opp’n”) Exh. 1. 6 Juror Number 4 was visibly crying as the jury returned its verdict. Opp’n Exh. 2 at 10. 7 Following the verdict, Petitioner’s investigator interviewed Juror Number 4. Id. Juror Number 4 8 told Petitioner’s investigator that one of the jurors “mention[ed] that the fact that [Petitioner] was 9 from El Salvador, um, it made her feel he was more guilty because that’s – so many murderers 10 come from El Salvador[.]” Id. at 15. According to Juror Number 4, “other people right away said, 11 ‘You can’t use that.’” Id. Juror Number 4 later stated that the juror “made a comment about El 12 Salvadorians and that, um, people from El Salvador, that’s where the gangs start and that’s where – 13 the kind of scarier people originate from.” Id. at 24. 14 On May 6, 2016, Petitioner filed a motion for a new trial in the California…