Doe

Doe v. Bondi

Good Law
United States Court of Appeals for the Ninth CircuitDecember 15, 202524-4728California629 words

Opinion

Opinion

facts, we do not recount them here. We deny the petition for review.

1. Substantial evidence supports the BIA’s denial of CAT protection. To

establish entitlement to CAT protection, Petitioner must “prove that it is more

likely than not that he . . . would be tortured if removed to the proposed country . . .

[a]nd that torture must be inflicted by or at the instigation of or with the consent or

acquiescence of a public official or other person acting in an official capacity.”

Rodriguez-Zuniga v. Garland, 69 F.4th 1012, 1023 (9th Cir. 2023) (internal

quotation marks and citation omitted). The BIA and IJ considered Petitioner’s fear

of harm from members of the Wild Bunch (“WB”) gang, members of other gangs

in Jamaica, corrupt police officers collaborating with gangs, and officials acting

under the state of emergency in the aggregate and found Petitioner’s fear of torture

to be impermissibly speculative and not particularized. The BIA and IJ reasonably

considered the significant length of time since Petitioner was last harmed by the

24-4728 WB or had any encounters with government officials in Jamaica and reasonably

found the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.