CARRILLO CARRILLO v. BARR (2019)

MEMORANDUM **

Victor Carrillo-Carrillo, a native and citizen of Guatemala, petitions pro se 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 a reinstated removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the IJ’s factual findings. Andrade-Garcia v. Lynch, 828 F.3d 829, 833 (9th Cir. 2016). We review de novo claims of due process violations in immigration proceedings. Jiang v. Holder, 754 F.3d 733, 738 (9th Cir. 2014). We deny the petition for review.

Substantial evidence supports the IJ’s determination that Carrillo-Carrillo failed to demonstrate a reasonable possibility of persecution in Guatemala on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (petitioner’s “desire to be free from harassment by criminals motivated by theft or random violence ․ bears no nexus to a protected ground”).

Substantial evidence also supports the IJ’s determination that Carrillo-Carrillo failed to demonstrate a reasonable possibility of torture by or with the consent or acquiescence of the government of Guatemala. See Andrade-Garcia, 828 F.3d at 836-37.

Carrillo-Carrillo’s contentions that his right to due process was violated on account of insufficient translation before the asylum officer, and errors in the IJ’s analysis of his claims, fail. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and substantial prejudice to prevail on a due process claim); see also Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009) (“To establish a due process violation, a petitioner must show that defects in translation prejudiced the outcome of the hearing.”).

PETITION FOR REVIEW DENIED.