United States Ninth Circuit

Petition for review of denial of applications for asylum, withholding of removal, and withholding under the Convention Against Torture are dismissed in part and denied in part where: 1) the Board of Immigration Appeals may determine by adjudication that a crime is "particularly serious" without it being so classified by regulation; 2) the Court lacks jurisdiction to review the merits of such decisions; and 3) petitioner did not prove a likelihood of future torture if returned to El Salvador.

Appellate Information

• Argued 11/18/2005
• Decided 10/08/2008
• Published 10/08/2008

Judges

• Before WILLIAM C. CANBY, JR., EUGENE E. SILER, JR., and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Niels W. Frenzen, University of Southern California Gould School of Law, Los Angeles, CA, pro bono counsel for the petitioner.


• For Appellees:
  
• Jennifer Levings;  Norah Ascoli Schwarz, United States Department of Justice, Civil Division, Washington, D.C., for the respondent.