Andrade-Garcia v. Lynch, No. 13-74115 (9th Cir. 2016)
Annotate this CasePetitioner, a native and citizen of Guatemala, seeks review of the IJ's determination that he lacked a reasonable fear of torture and is therefore not entitled to relief under the Convention Against Torture (CAT) from his reinstated removal order. The court concluded that the IJ's determination is not limited to the question whether it was “facially legitimate and bona fide.” The court reviewed the IJ's negative reasonable fear determination for substantial evidence. In this case, the court held that substantial evidence supports the IJ’s conclusion that petitioner failed to demonstrate government acquiescence in torture sufficient to establish a reasonable possibility of future torture under CAT. Accordingly, the court denied the petition for review.
Court Description: Immigration. The panel denied a petition for review of an immigration judge’s decision affirming an asylum officer’s negative reasonable fear determination in reinstated removal proceedings. The panel held that this court reviews an IJ’s negative reasonable fear determination for substantial evidence, and applying that standard concluded that petitioner failed to establish a reasonable possibility of torture, because he did not show that Guatemalan police were aware of gang extortion activities and breached their legal responsibility to stop it.
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