Johnny Torres v. Jefferson Sessions , 691 F. App'x 455 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 26 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHNNY MIKE TORRES, No. 14-73356
15-70152
Petitioner,
Agency No. A205-536-414
v.
JEFFERSON B. SESSIONS III, Attorney MEMORANDUM*
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted May 8, 2017
Pasadena, California
Before: KOZINSKI and OWENS, Circuit Judges, and SETTLE,** District Judge.
1. The only evidence in the record that Torres’s 1993 kidnapping and
beating was “inflicted by or at the instigation of or with the consent or
acquiescence of a public official” is Torres’s statement that Delmar Mugel, his
main assailant, said he was a police officer. 8 C.F.R. § 1208.18(a)(1). The record
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Benjamin H. Settle, United States District Judge for
the Western District of Washington, sitting by designation.
thus does not “compel[] a contrary conclusion” to the BIA’s determination that
Torres failed to establish that Mugel was a public official. Arteaga v. Mukasey,
511 F.3d 940, 944 (9th Cir. 2007).
Nor does the record compel a contrary conclusion to the BIA’s
determination that Torres’s fear of future harm was too speculative. Cf. Haile v.
Holder, 658 F.3d 1122, 1132-33 (9th Cir. 2011) (fear of future harm not
speculative where petitioner presented evidence of recent persecution of her father
and danger faced by political dissidents).
2. Torres waived his challenge to the BIA’s denial of his motion to reopen
and his motion for reconsideration by failing to raise these issues in his briefing.
Martinez-Serrano v. I.N.S., 94 F.3d 1256, 1259-60 (9th Cir. 1996).
DENIED AND DISMISSED.
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