United States v. 2020-07-17 | 19-70695 | PEDRO MULUL-TISTA V. WILLIAM BARR | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PEDRO MULUL-TISTA,

Petitioner,

v.

WILLIAM P. BARR, Attorney General,

Respondent.

No. 19-70695

Agency No. A099-652-027

MEMORANDUM
*

On Petition for Review of an Order of the
Immigration Judge

Submitted July 14, 2020
**

Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges.
Pedro Mulul-Tista, 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 an IJ’s negative reasonable fear determination for

*
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).
FILED

JUL 17 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 19-70695
substantial evidence. Andrade-Garcia v. Lynch, 828 F.3d 829, 833 (9th Cir. 2016).
We deny the petition for review.
In his opening brief, Mulul-Tista does not challenge the IJ’s determination
that he failed to establish a reasonable fear of persecution on account of a protected
ground. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013)
(issues not specifically raised and argued in a party’s opening brief are waived).
Substantial evidence supports the IJ’s determination that Mulul-Tista 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.
We reject as unsupported by the record Mulul-Tista’s contentions that the IJ
applied an incorrect legal standard or otherwise erred in the analysis of his claim.
PETITION FOR REVIEW DENIED.