Case: 21-1205, 04/10/2023, DktEntry: 36.1, Page 1 of 6 FILED NOT FOR PUBLICATION APR 10 2023 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SERGIO CANDELARIO GARCIA No. 21-1205 DELGADO, Agency No. A201-445-130 Petitioner, v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted February 15, 2023 San Francisco, California Before: S.R. THOMAS, MILLER, and SANCHEZ, Circuit Judges. Sergio Candelario Garcia Delgado, a native and citizen of Mexico, petitions for review of a final order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) denial of his application for asylum, withholding of * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Case: 21-1205, 04/10/2023, DktEntry: 36.1, Page 2 of 6 removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252(a)(1). “Where, as here, the BIA agrees with the IJ's reasoning, we review both decisions.” De Leon v. Garland, 51 F.4th 992, 999 (9th Cir. 2022) (quoting Garcia-Martinez v. Sessions, 886 F.3d 1291, 1293 (9th Cir. 2018)). We review the factual determinations for substantial evidence. Id. “Under this standard, we must uphold the agency determination unless the evidence compels a contrary conclusion.” Duran-Rodriguez v. Barr, 918 F.3d 1025, 1028 (9th Cir. 2019). We grant the petition for review. Because the parties are familiar with the factual and procedural history of the case, we recount it here only as necessary. 1. Substantial evidence does not support the finding that there are serious reasons to believe Garcia Delgado committed a serious nonpolitical crime rendering him ineligible for asylum and withholding. See 8 U.S.C. §§ 1158(b)(2)(A)(iii), 1231(b)(3)(B)(iii). The “serious reasons” standard is “tantamount to probable cause.” Go v. Holder, 640 F.3d 1047, 1052 (9th Cir. 2011). Interpol Red Notices can support a finding of probable cause when buttressed by other evidence such as corroborating testimony and foreign arrest warrants. See Villalobos Sura v. Garland, 8 F.4th 1161, 1167–68 (9th Cir. 2021); see also Gonzalez-Castillo v. Garland, 47 F.4th 971, 978–79 (9th Cir. 2022) 2 Case: 21-1205, 04/10/2023, DktEntry: 36.1, Page 3 of 6 (describing why “a Red Notice alone is ordinarily [in]sufficient to establish probable cause,” but declining to adopt a per se rule). Here, the record evidence indicating that Garcia Delgado committed a crime consists of a Red Notice, his testimony acknowledging he was in a relationship with the alleged victim and saw her on the day of her disappearance, testimony acknowledging he spoke to police about an investigation, and a letter from his attorney in Mexico confirming that the warrant referenced in the Red Notice was issued by a Judge in Nayarit. Critically, the Nayarit arrest warrant is not in the record. See Gonzalez-Castillo, 47 F.4th at 978 (declining to consider a foreign arrest warrant not in the record even where, as here, it was undisputed that the …
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