Mansilla v. Lynch, 111416 FED9, 13-74272

Docket Nº:13-74272
Party Name:ARISTIDES SOTO MANSILLA, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
Judge Panel:Before: W. FLETCHER, RAWLINSON, and HURWITZ, Circuit Judges.
Case Date:November 14, 2016
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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ARISTIDES SOTO MANSILLA, Petitioner,

v.

LORETTA E. LYNCH, Attorney General, Respondent.

No. 13-74272

United States Court of Appeals, Ninth Circuit

November 14, 2016

NOT FOR PUBLICATION

Submitted March 15, 2016 San Francisco, California

Submission Withdrawn and Deferred April 22, 2016 Resubmitted November 14, 2016

On Petition for Review of an Order of the Board of Immigration Appeals Argued and Agency No. A071-586-816

Before: W. FLETCHER, RAWLINSON, and HURWITZ, Circuit Judges.

MEMORANDUM [*]

Aristedes Soto Mansilla ("Soto") petitions for review of an order of the Board of Immigration Appeals ("BIA") denying his application for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act ("NACARA"). We have jurisdiction under 8 U.S.C. § 1252 and we deny the petition.

Relief under NACARA is unavailable to any applicant who has "incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion." 8 U.S.C. § 1231(b)(3)(B)(i); see also 8 C.F.R. § 1240.66(a). Soto told an immigration officer that as a sergeant in the Guatemalan military, he informed on suspected guerillas, knowing that they would likely be tortured. After guerillas were identified, the military would send a special G-2 intelligence team, who would take the suspected guerillas to the base to be investigated and tortured. He identified at...

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