785 Fed.Appx. 497 (9th Cir. 2019), 18-73421, Teran Soto v. Barr

Docket Nº:18-73421
Citation:785 Fed.Appx. 497
Party Name:Juan Alonso TERAN SOTO, Petitioner, v. William P. BARR, Attorney General, Respondent.
Attorney:Myrna Alvarez, Attorney, Law Office of Myrna Alvarez, Oakland, CA, for Petitioner Brooke Maurer, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San ...
Judge Panel:Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.
Case Date:November 25, 2019
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 497

785 Fed.Appx. 497 (9th Cir. 2019)

Juan Alonso TERAN SOTO, Petitioner,

v.

William P. BARR, Attorney General, Respondent.

No. 18-73421

United States Court of Appeals, Ninth Circuit

November 25, 2019

Submitted November 18, 2019 [*]

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

Myrna Alvarez, Attorney, Law Office of Myrna Alvarez, Oakland, CA, for Petitioner

Brooke Maurer, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

On Petition for Review of an Order of the Board of Immigration Appeals, Agency No. AXXX-XX1-562

Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.

MEMORANDUM[**]

Juan Alonso Teran Soto, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ ("BIA") order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"), and from the BIA’s order denying his motion to remand. We have jurisdiction under 8 U.S.C.§ 1252. We review for substantial evidence the agency’s factual findings. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We review the BIA’s denial of a motion to remand for abuse of discretion. Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir. 2008). We deny the petition for review.

The record does not compel the conclusion that Teran Soto established changed circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4(a)(4). Thus, Teran Soto’s asylum claim fails.

Substantial evidence supports the agency’s determination that Teran Soto failed to establish that the harm he fears in Mexico will be on account of a protected ground. See

Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) ("An [applicants] desire to be free from harassment by criminals motivated by theft or random...

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