Gutierrez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SERGIO MANRIQUE Nos. 21-130

GUTIERREZ, 22-554

Agency No. Petitioner,

A092-081-582

v.

OPINION

MERRICK B. GARLAND, Attorney General,

Respondent.

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

Argued and Submitted November 15, 2023 Pasadena, California

Before: Johnnie B. Rawlinson, Richard R. Clifton, and Andrew D. Hurwitz, Circuit Judges.

Filed July 2, 2024

Opinion by Judge Clifton SUMMARY *

Immigration

The panel granted in part, dismissed in part, and denied in part Sergio Manrique Gutierrez’s consolidated petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal of an order by an immigration judge (“IJ”) finding him removable for having been convicted of an aggravated felony crime of violence and for having been convicted of two crimes of moral turpitude, and remanded for further proceedings. The panel held that Gutierrez’s conviction for carjacking under Cal. Penal Code § 215(a) is not a categorical crime of violence because fear alone is…