and Submitted May 12, 2017 Pasadena, California
Petition for Review of an Order of the Board of Immigration
Appeals Agency No. A079-776-031
Patel (argued), Shawn P. Johnson, and Jeffrey T. Fisher,
Dechert LLP, Mountain View, California, for Petitioner.
Matthew A. Connelly (argued), Trial Attorney; Derek C.
Julius, Senior Litigation Counsel; Douglas E. Ginsburg,
Assistant Director; Benjamin C. Mizer, Principal Deputy
Assistant Attorney General; Office of Immigration Litigation,
Civil Division, United States Department of Justice,
Washington, D.C.; for Respondent.
Before: Morgan Christen and Paul J. Watford, Circuit Judges,
and James Alan Soto, [*] District Judge.
panel granted a petition for review of the Board of
Immigration Appeals' decision dismissing for lack of
jurisdiction an appeal of an immigration judge's negative
reasonable fear determination in reinstatement removal
panel held that under the circumstances of this case the
Board's decision dismissing Martinez's appeal was the
final administrative order for purposes of determining the
timeliness of his petition for review to this court. The
panel concluded that because Martinez filed his petition
within 30 days of the Board's decision his petition was
panel noted that the government waived review of the merits
of the reasonable fear determination by failing to offer any
argument on it. The panel remanded for the agency to give
proper consideration to Martinez's testimony about police
corruption and acquiescence in MS-13 gang violence, to accord
proper weight to the Department of State Country Report on El
Salvador, and in particular, evidence of corruption and
inability or unwillingness to prosecute gang violence, and to
apply the correct legal standards to Martinez's
Convention Against Torture claim.
case, a removed alien challenges a reinstated removal order
by claiming that he has a reasonable fear of being persecuted
in his home country of El Salvador. An asylum officer
interviewed the alien and issued a negative reasonable fear
determination, and an immigration judge concurred with that
finding. The alien then appealed to the Board of Immigration
Appeals, which relied on a purported lack of jurisdiction to
dismiss the appeal. Petitioner argues that the evidence