Merlos v. U.S. Immigration & Naturalization Service
Merlos v. U.S. Immigration & Naturalization Service
Opinion of the Court
MEMORANDUM
Rogelio Jordan Merlos petitions for review of the Board of Immigration Appeals’s dismissal of his withholding of removal claim.
The Board of Immigration Appeals adopted the Immigration Judge’s finding of fact and dismissed Merlos’s appeal. While the Board of Immigration Appeals found Merlos was not convicted of a “particularly serious crime” under 8 U.S.C. § 1231(b)(3), it denied his withholding of removal and Convention Against Torture claims because he failed to show he would be persecuted or tortured if he were returned to Mexico.
We find the Board of Immigration Appeals permissibly relied on the Immigration Judge’s findings of fact in dismissing Merlos’s appeal of his withholding of removal and Convention Against Torture claims. We also find the Department of Homeland Security did not violate due process by removing Merlos to Mexico while he had an ex parte application for stay of removal pending before the district court.
The petition is DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. It is unclear whether Merlos also petitions for review of his Convention Against Torture claim.
. See Andreiu v. Ashcroft, 253 F.3d 477, 479-84 (9th Cir. 2001) (enbanc).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.