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Victor Soriano Jimenez v. Jefferson Sessions
698 F. App'x 533
| 9th Cir. | 2017
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*1 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 *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

[*] 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).

Case Details

Case Name: Victor Soriano Jimenez v. Jefferson Sessions
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 6, 2017
Citation: 698 F. App'x 533
Docket Number: 14-73288
Court Abbreviation: 9th Cir.
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