Martin Magana-Pardo v. Jefferson Sessions

U.S. Court of Appeals for the Ninth Circuit
Martin Magana-Pardo v. Jefferson Sessions, 710 F. App'x 306 (9th Cir. 2018)

Martin Magana-Pardo v. Jefferson Sessions

Opinion

MEMORANDUM **

Martin Magana-Pardo, a native and citizen of Mexico, petitions 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 and thus is not entitled to relief from his reinstated removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the IJ’s factual findings. Andrade-Garcia v. Lynch, 828 F.3d 829, 833 (9th Cir. 2016). We deny the petition for review.

Substantial evidence supports the IJ’s determination that Magana-Pardo failed to demonstrate a reasonable possibility of persecution on account of a protected ground. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of future persecution “too speculative”).

Substantial evidence also supports the IJ’s determination that Magana-Pardo failed to demonstrate a reasonable possibility of torture by or with the consent or acquiescence of the government of Mexico. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (fear of torture speculative).

We reject Magana Pardo’s contention that the IJ failed to consider evidence.

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
Martin MAGANA-PARDO, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent
Status
Unpublished