U.S. Court of Appeals for the Ninth Circuit, 2017

Victor Soriano Jimenez v. Jefferson Sessions

Victor Soriano Jimenez v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided October 6, 2017 · Silverman, Tallman, Smith
698 F. App'x 533

Victor Soriano Jimenez v. Jefferson Sessions

Opinion

MEMORANDUM **

Victor Soriano-Jimenez, a native and citizen of Mexico, petitions pro se for review of an immigration judge’s (“IJ”) determination under 8 C.F.R. § 1208.31(a) that he did not have a reasonable fear of persecution or torture in Mexico, and thus is not entitled to relief from his reinstated removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the IJ’s factual findings. Andrade-Garcia v. Lynch, 828 F.3d 829, 836 (9th Cir. 2016). We deny the petition for review.

Substantial evidence supports the IJ’s determination that Soriano-Jimenez failed to demonstrate a reasonable fear of persecution on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (“An [applicant’s] desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground.”).

Substantial evidence also supports the IJ’s determination that Soriano-Jimenez failed to demonstrate a reasonable possibility of torture by or with the consent or acquiescence of the government of Mexico. See Andrade-Garcia, 828 F.3d at 836-37. Thus, Soriano-Jimenez’s challenges to the IJ’s negative reasonable fear determination fail.

We do not consider the materials Sori-ano-Jimenez references and attached to his opening brief that are not part of the administrative record. See Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir. 1996) (en banc).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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