Reyna v. Mukasey
Reyna v. Mukasey
Opinion of the Court
MEMORANDUM
Reloisa Benitez Reyna, a native and citizen of Philippines, petitions for review of
Substantial evidence supports the agency’s determination that Reyna’s experiences in the Phillippines did not amount to past persecution. See Lim v. INS, 224 F.3d 929, 936-37 (9th Cir. 2000). Furthermore, the evidence does not compel the conclusion that Reyna’s fear of future persecution is objectively reasonable. See Mendez-Gutierrez v. Gonzales, 444 F.3d 1168, 1172 (9th Cir. 2006).
Because Reyna failed to establish eligibility for asylum, she necessarily failed to meet the more stringent standard for withholding of removal. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir. 2003).
Reyna’s contention that the BIA should be estopped from denying her request to remand proceedings to the IJ fails because she has not shown that the agency’s delay in commencing proceedings amounts to affirmative misconduct. See INS v. Miranda, 459 U.S. 14, 18-19, 103 S.Ct. 281, 74 L.Ed.2d 12 (1982).
Reyna’s due process contention fails because she did not show that the delayed commencement of removal proceedings prejudiced the outcome of her asylum claim. See Colmenar, 210 F.3d at 971-972.
We dismiss Reyna’s contention regarding the agency’s decision when to commence proceedings because the court lacks jurisdiction. See Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 598 (9th Cir. 2002).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.