Victor Soriano Jimenez v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 6 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT VICTOR SORIANO-JIMENEZ, No. 14-73288 Petitioner, Agency No. A098-214-672 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Immigration Judge’s Decision Submitted September 26, 2017** Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges. Victor Soriano-Jimenez, a native and citizen of Mexico, petitions pro se 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 in Mexico, and thus is not entitled to relief from his reinstated removal order. Our jurisdiction is * 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). governed by 8 U.S.C. § 1252. We review for substantial evidence the IJ’s factual findings. Andrade-Garcia v. Lynch, 828 F.3d 829, 836 (9th Cir. 2016). We deny the petition for review. Substantial evidence supports the IJ’s determination that Soriano-Jimenez failed to demonstrate a reasonable fear of persecution on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (“An [applicant’s] desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground.”). Substantial evidence also supports the IJ’s determination that Soriano- Jimenez failed to demonstrate a reasonable possibility of torture by or with the consent or acquiescence of the government of Mexico. See Andrade-Garcia, 828 F.3d at 836-37. Thus, Soriano-Jimenez’s challenges to the IJ’s negative reasonable fear determination fail. We do not consider the materials Soriano-Jimenez references and attached to his opening brief that are not part of the administrative record. See Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir. 1996) (en banc). PETITION FOR REVIEW DENIED. 2 14-73288 14-73288 Court of Appeals for the Ninth Circuit ca9 9th Cir. Victor Soriano Jimenez v. Jefferson Sessions 6 October 2017 Agency Unpublished 27326250385a935ee90429c0082a01ed2aad0e09

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals