Case Explained: PENA-LOPEZ V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-06-15 The Ninth Circuit denied the petition for review of two Department of Homeland Security orders: one reinstating a prior removal order and another making a negative reasonable-fear determination. The court upheld the negative reasonable-fear determination because the petitioner failed to establish a reasonable possibility of persecution on account of a protected ground, as he admitted he feared harm only for being an “illegal immigrant,” which is not a recognized basis for asylum. Regarding the claim of torture, the court found substantial evidence supported the conclusion that the petitioner did not show government acquiescence; his testimony regarding a police officer’s statement was insufficient to compel a finding of acquiescence given his immediate flight and the lack of specific evidence linking police inaction to future torture by cartels. Finally, the court rejected procedural challenges to the reinstatement proceedings, ruling that the petitioner failed to demonstrate prejudice from the alleged denial of counsel or other due process violations because he did not contest his identity at any stage and refused to sign a statement challenging the determination even after consulting with an attorney. Consequently, the petition is denied and all pending motions are dismissed. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.