William Argueta Pena v. Loretta E. Lynch

Good Law
804 F.3d 1258·2015 WL 5667600·2015 U.S. App. LEXIS 17069
United States Court of Appeals for the Ninth CircuitSeptember 28, 201512-72099California1,709 words

Opinion

Opinion

Rawlinson, J.

William Argueta Pena (Pena), a native and citizen of El Salvador, petitions for review of a decision by an immigration judge affirming the decision of the asylum officer during expedited removal proceedings. We dismiss the petition for lack of jurisdiction.

/. BACKGROUND

In March, 2012, Pena entered the.United States without documentation by wading across the Rio Grande River in Texas. Within days, the United States initiated expedited removal proceedings.

During Pena’s initial interview with the border patrol agent, he indicated that he came to the United States to live with his mother and to work. He answered that he did not fear harm if returned to El Salvador. However, Pena subsequently wrote a statement asserting that he was afraid of returning to El Salvador and wished to seek asylum. As a result, Pena was referred to an asylum officer, who conducted a “credible fear interview.” Following the interview, the asylum officer concluded that Pena had not shown a credible fear of persécution, and that he was ineligible for asylum or other relief.

Pena requested review of the asylum officer’s decision by an Immigration Judge. In response, Pena was given a form titled…

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