USCA11 Case: 21-10279 Date Filed: 03/01/2022 Page: 1 of 14 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-10279 Non-Argument Calendar ____________________ ABRAHAM BERNEZ-IBARRA, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A206-349-604 ____________________ USCA11 Case: 21-10279 Date Filed: 03/01/2022 Page: 2 of 14 2 Opinion of the Court 21-10279 Before ROSENBAUM, GRANT, and EDMONDSON, Circuit Judges. PER CURIAM: Abraham Bernez-Ibarra (“Petitioner”), a native and citizen of Mexico, petitions for review of a final order by the Board of Im- migration Appeals (“BIA”). The BIA affirmed the Immigration Judge’s (“IJ’s”) denial of Petitioner’s applications for withholding of removal under the Immigration and Nationality Act (“INA”) and for relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punish- ment (“CAT”). No reversible error has been shown; we deny the petition. I. Background Petitioner entered the United States as an infant in 1989. In 2019, the Department of Homeland Security charged Petitioner as removable. Petitioner filed an application for withholding of re- moval and for protection under CAT. 1 1 Petitioner also applied for asylum but later conceded that he was ineligible. USCA11 Case: 21-10279 Date Filed: 03/01/2022 Page: 3 of 14 21-10279 Opinion of the Court 3 In pertinent part, Petitioner said he feared he would be tar- geted for torture upon his return to Mexico based on (1) his schiz- ophrenia and history of mental illness and (2) his former gang affil- iation and visible gang-related tattoos. 2 About mental illness, Pe- titioner asserted that patients in mental-health facilities in Mexico are subjected to poor conditions and to abuse rising to the level of torture. Petitioner said the Mexican government allows the poor conditions and abuse to persist and, thus, is complicit in the torture of people with mental illnesses. Petitioner also asserted that his gang tattoos made him readily identifiable as a person affiliated with a United States gang: characteristics that would make him vul- nerable to being kidnapped and tortured by Mexican gang mem- bers and by the Mexican police. The IJ denied Petitioner’s application for relief. The IJ deter- mined that Petitioner’s prior California conviction for first-degree residential robbery constituted a “particularly serious crime” within the meaning of 8 U.S.C. § 1231(b)(3)(B)(ii). The IJ thus con- cluded that Petitioner was ineligible for withholding of removal under the INA and under CAT. 2 Petitioner -- a former member of a gang known as the Fresno Bulldogs -- has these tattoos: (1) a big dog paw on his chest; (2) a “C” on his right shoulder and on the middle of his chest; (3) two small dog paws on his left leg; (4) two small dog paws on his neck; (5) an “E” on his right shin; (6) an “S” on his left shin; (7) a “BD” on his right calf; (8) a little “BDS” on his right hand; and (9) …
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