NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 25 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ADRIANA LOPEZ ROJAS, No. 19-70246 Petitioner, Agency No. A215-778-922 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Immigration Judge Submitted September 18, 2019** Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges. Adriana Lopez Rojas, 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 she did not have a reasonable fear of persecution or torture in Mexico and is thus not entitled to relief from a reinstated removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the IJ’s factual findings. * 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). Andrade-Garcia v. Lynch, 828 F.3d 829, 833 (9th Cir. 2016). We deny the petition for review. Rojas fears harm from her brother in Mexico. Substantial evidence supports the IJ’s determination that Rojas failed to demonstrate a reasonable possibility of persecution in Mexico on account of a protected ground. See INS v. Elias- Zacarias, 502 U.S. 478, 483 (1992) (an applicant “must provide some evidence of [motive], direct or circumstantial”) (emphasis in original). Rojas also fears harm from the individuals who smuggled her into the United States from Mexico. Substantial evidence supports the IJ’s determination that Rojas failed to demonstrate a reasonable possibility of future persecution in Mexico. See Nagoulko v. INS, 333 F.3d 1016, 1018 (9th Cir. 2003) (concluding future fear not objectively reasonable under circumstances of the case). In her opening brief, Rojas fails to challenge the IJ’s denial of her claim for relief under the Convention Against Torture. See Corro-Barragan v. Holder, 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted in waiver). Thus, it is waived. PETITION FOR REVIEW DENIED. 2 19-70246 19-70246 Court of Appeals for the Ninth Circuit ca9 9th Cir. Adriana Rojas v. William Barr 25 September 2019 Agency Unpublished 36ff60321f21635017c050d4982523ef2b81d4a6
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