Fuentes

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 4 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

VICTOR FUENTES, No. 22-1437 Agency No. Petitioner, A072-255-390 v.

MEMORANDUM*

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Immigration Judge

Argued and Submitted May 7, 2024 Pasadena, California

Before: WARDLAW, CHRISTEN, and BENNETT, Circuit Judges. Dissent by Judge BENNETT.

Victor Fuentes, a native and citizen of Honduras, petitions for review of the

Immigration Judge’s (IJ) order affirming an asylum officer’s negative reasonable

fear determination. The court “review[s] for abuse of discretion whether the

[agency] clearly departs from its own standards.” Mejia v. Sessions, 868 F.3d

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1118, 1121 (9th Cir. 2017). We grant the petition and remand for further

proceedings.

1. A petition for review must be filed within thirty days of “the final order

of removal.” 8…