Submitted March 9, 2016 [*] Pasadena, California
Amended July 7, 2016
Petition for Review of an Immigration Judge's Decision
Agency No. A205-937-826
Alexandrovich, Marina Alexandrovich, Esq., PLLC., Tempe,
Arizona, for Petitioner.
R. Branda, Acting Assistant Attorney General, Civil Division;
Blair T. O'Connor, Assistant Director; Scott M. Marconda,
Trial Attorney; Office of Immigration Litigation, Washington,
D.C., for Respondent.
Before: Richard R. Clifton and Sandra S. Ikuta, Circuit
Judges, and Frederic Block, [**] Senior District Judge.
panel denied a petition for review of an immigration
judge's decision affirming an asylum officer's
negative reasonable fear determination in reinstated removal
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
opinion filed April 29, 2016, is hereby amended as follows:
the last sentence on page 11 and continuing to page 12 of the
slip opinion should be removed and replaced with the
Although Congress has indicated its intent to delegate
discretionary authority to the Attorney General to make visa
and parole decisions, 4 see, e.g., 8
U.S.C. § 1229 (initiation of removal proceedings);
id. § 1229a (removal proceedings); id.
§§ 1158, 1229b (relief from removal), Congress
limited the Executive's discretion to impose a reinstated
order of removal by precluding the Executive Branch from
deporting aliens "to a country in which there are
substantial grounds for believing the person would be in
danger of being subjected to torture" and requiring the
Executive Branch to promulgate regulations to implement this
obligation under CAT, see FARRA, Pub. L. No.
105–277, Div. G., Title XXII, § 2242(b), 112 Stat.
2681–822 (Oct. 21, 1998); see also 8 C.F.R.
§§ 208.18, 1208.18. An alien with a reinstated
removal order may be eligible for other forms of relief as
well, including withholding of removal. See
Fernandez-Vargas, 548 U.S. at 35 n.4.
4 See, e.g., 8 U.S.C. §
1182(d)(3)(A) ("[A]n alien . . . may, after approval by
the Attorney General of a recommendation by the Secretary of
State or by the consular officer that the alien be admitted
temporarily despite his inadmissibility, be granted such a
visa and may be admitted into the United States temporarily
as a nonimmigrant in the discretion of the Attorney
General." (emphasis added)); id. §
1182(d)(5)(A) ("The Attorney General may, except as
provided in subparagraph (B) [excluding refugees "unless
the Attorney General determines that compelling reasons . . .
require that the alien be paroled"] or in section
1184(f) of this title [excluding crewmembers in certain labor
disputes], in his discretion parole into the United
States temporarily under such conditions as he may prescribe
only on a case-by-case basis for urgent humanitarian reasons
or significant public benefit any alien applying for
admission to the United States." (emphasis added)).
the foregoing amendment to the opinion, Respondent's
petition for panel rehearing is DENIED. No further petitions
for rehearing or rehearing ...