NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 30 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SORAYA RENDON, No. 20-71443 Petitioner, Agency No. A077-631-058 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 28, 2021** San Francisco, California Before: McKEOWN and NGUYEN, Circuit Judges, and HUCK,*** District Judge. Soraya Rendon, a native and citizen of Colombia, petitions for review of the Immigration Judge’s (“IJ”) negative reasonable fear determination, rendering her * 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 C. Huck, United States District Judge for the U.S. District Court for Southern Florida, sitting by designation. underlying reinstated removal order administratively final. See Ortiz-Alfaro v. Holder, 694 F.3d 955, 959 (9th Cir. 2012). The parties are familiar with the facts, so we do not repeat them here. We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition. Rendon argues that the IJ violated her due process rights by (1) failing to review de novo the asylum officer’s negative reasonable fear determination and (2) either denying her the opportunity to present additional evidence in support of her case or failing “to develop further records” as to her experience of being mistreated and threatened by the Revolutionary Armed Forces of Colombia (“FARC”). We review de novo due process challenges to reasonable fear proceedings. Zuniga v. Barr, 946 F.3d 464, 466 (9th Cir. 2019) (per curiam). With respect to Rendon’s first due process argument, the IJ expressly stated that she reviewed de novo the asylum officer’s determination and considered all of the evidence before her, and nothing in the record indicates to the contrary. Cf. Bartolome v. Sessions, 904 F.3d 803, 814 (9th Cir. 2018) (noting that the IJ stated he considered all of the evidence and finding “no basis to assume” otherwise). For this reason, Rendon’s claim that the IJ simply concurred with the officer, stating that the officer “reached a proper conclusion,” is without merit. And, in any event, “an IJ’s failure specifically to address all of the evidence and claims before him or 2 her (during the reasonable fear review proceedings) does not violate the alien’s due process rights.” Id. at 807. We lack jurisdiction to consider Rendon’s second due process argument because she failed to exhaust it. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004). Contrary to Rendon’s contention, during the reasonable fear review hearing, the IJ provided Rendon’s counsel with an opportunity to elicit testimony. Yet he neither elicited testimony himself nor objected to the IJ’s decision not to elicit testimony or further develop the record. Because Rendon had the opportunity to exhaust her second due process argument but did not, and because exhaustion is …
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