Martins v. Bondi

Court of Appeals for the Ninth Circuit·Decided June 26, 2025·No. 24-6579·Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 26 2025 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CLAUDIO MARTINS, No. 24-6579 Agency No.

Petitioner, A059-389-130 v.

MEMORANDUM*

PAMELA BONDI, Attorney General,

Respondent.

On Petition for Review of an Order of an Immigration Judge

Submitted June 18, 2025** Before: CANBY, S.R. THOMAS, and SUNG, Circuit Judges.

Claudio Martins, a native and citizen of Brazil, petitions pro se for review of an immigration judge’s (“IJ”) order affirming an asylum officer’s negative reasonable fear determination. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the IJ’s affirmance of the negative reasonable fear

*

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).

determination. Orozco-Lopez v. Garland, 11 F.4th 764, 774 (9th Cir. 2021). We deny the petition for review.

Substantial evidence supports the IJ’s determination that Martins failed to show a reasonable possibility that the harm he suffered or fears was or would be on account of a protected ground. See Bartolome v. Sessions, 904 F.3d 803, 814 (9th Cir. 2018) (no basis for withholding of removal where petitioner did not show a nexus to a protected ground).

Substantial evidence also supports the IJ’s determination that Martins failed to show a reasonable possibility of torture by or with the consent or acquiescence of the government if returned to Brazil. See Andrade-Garcia v. Lynch, 828 F.3d 829, 836-37 (9th Cir. 2016) (petitioner failed to demonstrate government acquiescence sufficient to establish a reasonable possibility of future torture)

PETITION FOR REVIEW DENIED.

2 24-6579

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828 F.3d 829 (Ninth Circuit, 2016)
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904 F.3d 803 (Ninth Circuit, 2018)