Maria Mendoza Madrigal v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 23 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARIA GUADALUPE MENDOZA No. 15-72007 MADRIGAL, Agency No. A078-081-026 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Immigration Judge’s Decision Submitted March 13, 2018** Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges. Maria Guadalupe Mendoza Madrigal, 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 thus is not entitled to relief from her reinstated removal order. 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). have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the IJ’s factual findings, Andrade-Garcia v. Lynch, 828 F.3d 829, 833 (9th Cir. 2016), and we review de novo claims of due process violations in immigration proceedings, Jiang v. Holder, 754 F.3d 733, 738 (9th Cir. 2014). We deny the petition for review. We reject, as unsupported by the record, Mendoza Madrigal’s contention that the IJ violated her due process rights or otherwise failed to adequately review the asylum officer’s determination. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim). Apart from her due process contentions, Mendoza Madrigal does not challenge the IJ’s determination that she did not have a reasonable fear of persecution or torture in Mexico, and therefore has waived any such challenge. See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (a petitioner waives an issue by failing to raise it in the opening brief). PETITION FOR REVIEW DENIED. 2 15-72007 15-72007 Court of Appeals for the Ninth Circuit ca9 9th Cir. Maria Mendoza Madrigal v. Jefferson Sessions 23 March 2018 Agency Unpublished 9b5fee9bbfba181cc980a9ae79121b7303c8db8d

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