Odilia Alvarez-Corral v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 29 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ODILIA ALVAREZ-CORRAL, No. 14-72299 Petitioner, Agency No. A077-442-862 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Secretary of Homeland Security Submitted November 15, 2017** San Francisco, California Before: GOULD and MURGUIA, Circuit Judges, and GRITZNER,*** District Judge. Odilia Alvarez-Corral, a native and citizen of Mexico, petitions for review of an expedited removal order reinstated by the Secretary of Homeland Security and * 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 James E. Gritzner, United States District Judge for the Southern District of Iowa, sitting by designation. an immigration judge’s subsequent determination that Alvarez-Corral did not have a reasonable fear of persecution or torture in Mexico. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review. We do not have jurisdiction to consider Alvarez-Corral’s collateral attack on her underlying expedited removal order. See Garcia de Rincon v. Dep’t of Homeland Sec., 539 F.3d 1133, 1139 (9th Cir. 2008). The immigration judge’s decision is sufficiently detailed to satisfy the requirements of due process. See Lopez v. Ashcroft, 366 F.3d 799, 807 n.6 (9th Cir. 2004). The immigration judge’s reasonable fear determination is supported by substantial evidence. See Andrade-Garcia v. Lynch, 828 F.3d 829, 831 (9th Cir. 2016). Alvarez-Corral denied suffering past persecution or torture in Mexico. Alvarez-Corral speculated that her ex-boyfriend might harm her if she returned to Mexico, yet she identified no specific threats and admitted to having no recent contact with him. Also, Alvarez-Corral mentioned only hearing stories of the Mexican government and police’s ineffectiveness, but she has no individualized reason to think that it would acquiesce in her being harmed. We conclude that this evidence would not compel any reasonable adjudicator to conclude that Alvarez- Corral had a reasonable fear of persecution or torture. See id. at 833. DISMISSED in part; DENIED in part. 2 14-72299 Court of Appeals for the Ninth Circuit ca9 9th Cir. Odilia Alvarez-Corral v. Jefferson Sessions 29 November 2017 Agency Unpublished ea72e3eb99fd973f69b5ee64e86d7e5e5cac4b11

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