Martin Magana-Pardo v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 22 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARTIN MAGANA-PARDO, No. 15-71151 Petitioner, Agency No. A027-581-834 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Immigration Judge’s Decision Submitted January 16, 2018** Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges. Martin Magana-Pardo, 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 he did not have a reasonable fear of persecution or torture and thus is not entitled to relief from his reinstated removal order. We have jurisdiction under * 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). 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). We deny the petition for review. Substantial evidence supports the IJ’s determination that Magana-Pardo failed to demonstrate a reasonable possibility of persecution on account of a protected ground. See Nagoulko v. INS, 333 F.3d 1016, 1018 (9th Cir. 2003) (possibility of future persecution “too speculative”). Substantial evidence also supports the IJ’s determination that Magana-Pardo failed to demonstrate a reasonable possibility of torture by or with the consent or acquiescence of the government of Mexico. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (fear of torture speculative). We reject Magana Pardo’s contention that the IJ failed to consider evidence. PETITION FOR REVIEW DENIED. 2 15-71151 15-71151 Court of Appeals for the Ninth Circuit ca9 9th Cir. Martin Magana-Pardo v. Jefferson Sessions 22 January 2018 Agency Unpublished 58ddc67a26b59b54f75c214455ca9aaa8e5e213e

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