Jimenez-Reyes v. Lynch
Opinion of the Court
MEMORANDUM
Eduardo Jimenez-Reyes, a native and citizen of Mexico, petitions for review of
The record does not compel the conclusion that the delay of more than six years in filing Jimenez-Reyes’ asylum application after his brother’s attack was reasonable. See 8 C.F.R. § 208.4(a); see also Sumolang v. Holder, 723 F.3d 1080, 1082-83 (9th Cir. 2013). We lack jurisdiction to review Jimenez-Reyes’ claim that being placed in removal proceedings constituted an extraordinary circumstance because he failed to raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (no jurisdiction over claims not presented below).
Jimenez-Reyes fears he will be harmed by enemies of his father. Substantial evidence supports the agency’s finding that Jimenez-Reyes did not establish that the source of his persecution was government officials or individuals the Mexican government is unable or unwilling to control. See Castro-Martinez, 674 F.3d at 1079-1081. Thus, Jimenez-Reyes’ withholding of removal claim fails.
Further, Jimenez-Reyes failed to show that he will be tortured at the instigation of or with the consent or acquiescence of a public official. See Garcia-Milian v. Holder, 755 F.3d 1026, 1034-35 (9th Cir. 2014). Thus, Reyes’ CAT claim also fails.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provid
Reference
- Full Case Name
- Eduardo JIMENEZ-REYES, aka Gerardo Jimenez v. Loretta E. LYNCH, Attorney General
- Status
- Published