DELGADO v. HOLDER

No. 03-74442.

648 F.3d 1095 (2011)

Hernan Ismael DELGADO, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2011.


Attorney(s) appearing for the Case

Niels W. Frenzen (argued), University of Southern California Gould School of Law, Los Angeles, CA, and J. Thomas Logan , Los Angeles, CA, for the petitioner.

Tony West , Assistant Attorney General, Civil Division, Linda S. Wernery , Assistant Director, and Erica B. Miles (argued), Attorney, U.S. Department of Justice, Washington, D.C., for the respondent.

Stephen W. Manning , Jennifer M. Rotman and Jessica M. Boell , Immigrant Law Group PC, Portland, OR, for amicus curiae American Immigration Lawyers Association.

H. Elizabeth Dallam , Office of the United Nations High Commissioner for Refugees, Washington, D.C., for amicus curiae Office of the United Nations High Commissioner for Refugees.

Opinion by Judge FISHER; Partial Concurrence and Partial Dissent by Judge REINHARDT.


OPINION

FISHER, Circuit Judge:

Hernan Ismael Delgado petitions for review of a decision of the Board of Immigration Appeals (BIA) ordering him removed to his native El Salvador. The BIA affirmed the immigration judge's (IJ) ruling that Delgado was ineligible for asylum, withholding of removal and withholding under the Convention Against Torture (CAT) because he had been "convicted of a particularly serious crime"—driving under the influence (DUI)...

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