Jorge Ramirez v. Jefferson Sessions

FILED NOT FOR PUBLICATION OCT 17 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JORGE M. RAMIREZ, No. 13-72761 Petitioner, Agency No. A073-971-682 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 6, 2017** Pasadena, California Before: KLEINFELD, GRABER, and CHRISTEN, Circuit Judges. Jorge Ramirez petitions for review of a Board of Immigration Appeal’s (BIA) order dismissing his appeal of an immigration judge’s denial of his application for protection under the Convention Against Torture (CAT). We have * 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). jurisdiction under 8 U.S.C. § 1252(a). “Due process challenges to immigration proceedings are reviewed de novo.” Zetino v. Holder, 622 F.3d 1007, 1011 (9th Cir. 2010). “We review the factual findings underlying the BIA’s denial of CAT relief for substantial evidence.” Vinh Tan Nguyen v. Holder, 763 F.3d 1022, 1029 (9th Cir. 2014). 1. To prevail on a due process claim, Ramirez must demonstrate prejudice. Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir. 2001). Ramirez has not argued, however, that he suffered any prejudice from the BIA’s refusal to grant an extension of his briefing deadline. 2. The BIA adopted the immigration judge’s finding that Ramirez failed to establish a reasonable possibility of future torture by the Guatemalan government, or by private actors with the government’s acquiescence. We conclude that substantial evidence supports that determination. PETITION DENIED. 2 13-72761 Court of Appeals for the Ninth Circuit ca9 9th Cir. Jorge Ramirez v. Jefferson Sessions 17 October 2017 Agency Unpublished 85b5cc58e86174e5d8b589b02fecb283561a31ed

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