Juan Garcia-Moreno v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 8 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JUAN CARLOS GARCIA-MORENO, aka No. 13-72410 Carlos De Jesus Aquino-Borja, Agency No. A078-037-994 Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, MEMORANDUM* Respondent. On Petition for Review of an Order of the Department of Homeland Security Submitted December 7, 2017** Pasadena, California Before: KELLY,*** CALLAHAN, and BEA, Circuit Judges. Petitioner Juan Jose Garcia-Moreno, a native and citizen of El Salvador, seeks review of an immigration judge’s concurrence in a Department of Homeland * 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). *** The Honorable Paul J. Kelly, Jr., United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. Security (“DHS”) officer’s finding that he lacked a reasonable fear of persecution or torture in El Salvador. We have jurisdiction under 8 U.S.C. § 1252(a), and we deny the petition. Petitioner first entered the United States without inspection or parole in January 2000. He was ordered removed on February 10, 2000 (the “2000 Removal Order”), and was physically removed on February 18, 2000. He did not appeal or otherwise challenge the order at that time. Petitioner stated that in 2002, after he was removed to El Salvador in 2000, older schoolmates began “bothering” him to join them in “selling stolen articles.” Petitioner refused and was beaten. He returned to the United States, again without inspection or parole, in September 2003, and was later convicted of the felony crime of “Accessory” in the California Superior Court in the county of Los Angeles, under Section 32 of the California Penal Code. On July 7, 2011, DHS reinstated the 2000 Removal Order against Petitioner (the “2011 Reinstatement Order”). Petitioner expressed a fear of persecution or torture upon removal to El Salvador. The DHS officer found that the feared harm was not “on account of a protected characteristic” and Petitioner provided no evidence to indicate that the people he feared were in any way associated with the government. On review, the IJ agreed that Petitioner had not established a reasonable fear of persecution or torture. Petitioner petitioned this court for review. See Garcia-Moreno v. Holder, 2 13-72410 No. 12-74091 (9th Cir. 2012). Without objection from Petitioner’s counsel, the government moved to remand the case to the immigration judge, and this court granted the motion. On June 28, 2013, the IJ again concurred with the DHS officer’s finding that Petitioner lacked a reasonable fear of cognizable persecution or torture. Petitioner again appealed from the IJ’s concurrence. I. The IJ’s reasonable-fear determination Petitioner argues (1) that the IJ erred by applying the wrong legal standard and (2) that the IJ’s determination was not based on substantial evidence. We review negative reasonable-fear determinations for substantial evidence. Andrade– ...

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