U.S. Court of Appeals for the Ninth Circuit, 2019

Jorge Tejeda-Espinosa v. Matthew Whitaker

Jorge Tejeda-Espinosa v. Matthew Whitaker
U.S. Court of Appeals for the Ninth Circuit · Decided January 23, 2019

Jorge Tejeda-Espinosa v. Matthew Whitaker

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 23 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JORGE TEJEDA-ESPINOSA, No. 17-72987 Petitioner, Agency No. A201-179-108 v. MEMORANDUM* MATTHEW G. WHITAKER, Acting Attorney General, Respondent.

On Petition for Review of an Immigration Judge’s Decision Submitted January 15, 2019** Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.

Jorge Tejeda-Espinosa, 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 torture in Mexico and thus is not entitled to relief from a reinstated removal order. We have jurisdiction under 8 U.S.C. § 1252. We

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). review for substantial evidence the IJ’s factual findings. Andrade-Garcia v. Lynch, 828 F.3d 829, 833 (9th Cir. 2016). We review legal questions de novo. Pirir-Boc v. Holder, 750 F.3d 1077, 1081 (9th Cir. 2014). We deny the petition for review.

Substantial evidence supports the IJ’s determination that Tejeda-Espinosa 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 (“[a] general ineffectiveness on the government’s part to investigate and prevent crime will not suffice to show acquiescence.”).

We reject as without merit Tejeda-Espinosa’s contentions that the IJ mischaracterized his testimony, ignored his documentary evidence, or applied an incorrect legal standard.

PETITION FOR REVIEW DENIED.

2 17-72987

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