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Eduardo Ramos Guzman v. Jefferson Sessions
699 F. App'x 666
9th Cir.
2017
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*1 Before: O’SCANNLAIN and BYBEE, Circuit Judges, and MAHAN, [***] District Judge.

Eduardo Ramos Guzman, a native and citizen of Mexico, petitions for review of an immigration judge’s (“IJ”) determination under 8 C.F.R. § 1208.31(a) *2 that he did not have a reasonable fear of persecution or torture and is therefore not entitled to relief from a reinstated removal order. We have jurisdiction under 8 U.S.C. § 1252. We review an IJ’s negative reasonable fear determination for substantial evidence. Andrade-Garcia v. Lynch , 828 F.3d 829, 833–36 (9th Cir. 2016).

Substantial evidence supports the IJ’s conclusion that Guzman failed to establish that it is more likely than not he would suffer future persecution in Mexico on account of a protected ground. See Tamang v. Holder , 598 F.3d 1083 1094–95 (9th Cir. 2010) (holding that “vague threats” do not support withholding of removal). Any past persecution that Guzman suffered was not on account of a protected ground. See 8 C.F.R. § 1208.16(b)(1)(i).

Substantial evidence also supports the IJ’s conclusion that Guzman failed to demonstrate that he is more likely than not to be tortured in Mexico if he were deported there. See Zheng v. Holder , 644 F.3d 829, 835–36 (9th Cir. 2011) (denying CAT claim because fear of torture was speculative).

PETITION FOR REVIEW DENIED.

2 16-71726

[*] 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 C. Mahan, United States District Judge for the District of Nevada, sitting by designation.

Case Details

Case Name: Eduardo Ramos Guzman v. Jefferson Sessions
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 20, 2017
Citation: 699 F. App'x 666
Docket Number: 16-71726
Court Abbreviation: 9th Cir.
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