Nelson Andrade-Garcia v. Loretta E. Lynch

ORDER

The opinion filed April 29, 2016, is hereby amended as follows: the last sentence on page 11 and continuing to page 12 of the slip opinion should be removed and replaced with the following:

With the foregoing amendment to the opinion, Respondent’s petition for panel rehearing is DENIED. No further petitions for rehearing or rehearing en banc will be entertained from this amendment.

OPINION

Nelson Andrade-Garcia petitions for review of the immigration judge’s determination, in a reasonable fear proceeding, that he lacked a reasonable fear of torture and therefore is not entitled to relief under the Convention Against Torture (CAT) from his reinstated removal order. We have jurisdiction under 8 U.S.C. § 1252 (a)(1). See Ortiz-Alfaro v. Holder, 694 F.3d 955, 958 (9th Cir. 2012). Contrary to the government’s argument, our review of the immigration judge’s determination is not limited to the question whether it was “facially legitimate and bona fide.” Kleindienst v. Mandel, 408 U.S. 753, 769 , 92 S.Ct. 2576 , 33 L.Ed.2d 683 (1972). Rather, we review the decision for substantial evidence and now deny the petition.

I

The Immigration and Nationality Act (INA) provides for the…