Victoriano Ixcoy-Itzep v. William Barr

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 16 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

VICTORIANO IXCOY-ITZEP, No. 19-71146

Petitioner, Agency No. A070-567-757

v. MEMORANDUM* WILLIAM P. BARR, Attorney General,

Respondent.

On Petition for Review of an Order of the Immigration Judge

Submitted December 11, 2019**

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

Victoriano Ixcoy-Itzep, a native and citizen of Guatemala, petitions 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 Guatemala and

thus is not entitled to relief from his reinstated removal order. We have

jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the IJ’s

* 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). factual findings. Andrade-Garcia v. Lynch, 828 F.3d 829, 836 (9th Cir. 2016). We

deny the petition for review.

In his opening brief, Ixcoy-Itzep does not challenge the IJ’s determination

that he failed to demonstrate a reasonable possibility of persecution on account of a

protected ground. See Corro-Barragan v. Holder, 718 F.3d 1174, 1177 n.5 (9th

Cir. 2013) (failure to contest issue in opening brief resulted in waiver).

Substantial evidence supports the IJ’s determination that Ixcoy-Itzep failed

to demonstrate a reasonable possibility of torture by or with the consent or

acquiescence of the government if returned to Guatemala. See Andrade-Garcia,

828 F.3d at 836-37.

Ixcoy-Itzep’s opposed motion for a stay of removal (Docket Entry No. 5) is

denied as moot. The temporary stay of removal will terminate upon issuance of

the mandate.

PETITION FOR REVIEW DENIED.

2 19-71146