U.S. Court of Appeals for the Ninth Circuit, 2020

Pedro Mulul-Tista v. William Barr

Pedro Mulul-Tista v. William Barr
U.S. Court of Appeals for the Ninth Circuit · Decided July 17, 2020

Pedro Mulul-Tista v. William Barr

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 17 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT PEDRO MULUL-TISTA, No. 19-70695 Petitioner, Agency No. A099-652-027 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent.

On Petition for Review of an Order of the Immigration Judge Submitted July 14, 2020** Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges.

Pedro Mulul-Tista, a native and citizen of Guatemala, 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 in Guatemala and thus is not entitled to relief from his reinstated removal order. We have jurisdiction under 8 U.S.C. § 1252. We review an IJ’s negative reasonable fear determination for

* 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). substantial evidence. Andrade-Garcia v. Lynch, 828 F.3d 829, 833 (9th Cir. 2016).

We deny the petition for review.

In his opening brief, Mulul-Tista does not challenge the IJ’s determination that he failed to establish a reasonable fear of persecution on account of a protected ground. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a party’s opening brief are waived).

Substantial evidence supports the IJ’s determination that Mulul-Tista failed to demonstrate a reasonable possibility of torture by or with the consent or acquiescence of the government if returned to Guatemala. See Andrade-Garcia, 828 F.3d at 836-37.

We reject as unsupported by the record Mulul-Tista’s contentions that the IJ applied an incorrect legal standard or otherwise erred in the analysis of his claim.

PETITION FOR REVIEW DENIED.

2 19-70695

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