NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KARLA BIVIAANA MATIAS MIRANDA, 

Petitioner, 

 v. 

MERRICK B. GARLAND, Attorney 

General, 

Respondent.

No. 20-71623 

Agency No. A088-318-147 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 7, 2022**

Submission Vacated December 12, 2022

Resubmitted June 7, 2024

Phoenix, Arizona

Before: WARDLAW and BUMATAY, Circuit Judges, and ZOUHARY,***

District Judge.

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

*** The Honorable Jack Zouhary, United States District Judge for the 

Northern District of Ohio, sitting by designation.

FILED

JUN 11 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

Karla Matias Miranda (Matias), an ethnically indigenous native and citizen of 

Guatemala, petitions for review of an immigration judge’s (IJ) decision affirming 

the Department of Homeland Security’s (DHS) determination that she lacks a 

reasonable fear of persecution or torture in her country of removal. We have 

jurisdiction to review a negative reasonable fear determination under 8 C.F.R. 

§ 208.31(g)(1). Bartolome v. Sessions, 904 F.3d 803, 811 (9th Cir. 2018). We deny 

the petition.

1. Matias first argues that the IJ erred in determining that she failed to 

establish a reasonable fear of persecution or torture. We review an IJ’s reasonable 

fear determination for substantial evidence. Id. The record does not compel a 

finding that Matias established a “subjectively genuine and objectively reasonable” 

fear of future persecution or torture. Id. at 809. To support her claim of reasonable 

fear, Matias testified that, in November 2019, a group of unknown individuals 

targeted her for extortion and another group of unknown individuals harassed her 

after leaving a Catholic Church. But with the group of would-be extortionists, 

Matias confirmed that they targeted her “only because of the money.” Thus, this 

episode was not on account of any protected ground. See id. at 814. And while she 

testified to being harassed and grabbed by the arm as she left church, Matias was not 

harmed and her family and fellow local congregants did not face similar treatment. 

Matias has had no problems with the Guatemalan police or government officials, 
3 

even if she subjectively believes that the government will be unable to protect her. 

Her testimony does not compel the conclusion that she will be targeted for 

persecution or torture if removed to Guatemala.

2. Matias also contends that the IJ violated her right to due process by (1) not

considering her case de novo, (2) failing to develop the record, and (3) failing to 

fully consider her claim. We review claims of due process violations de novo. 

Benedicto v. Garland, 12 F.4th 1049, 1058 (9th Cir. 2021). To successfully attack 

immigration court proceedings on due process grounds, the petitioner must show 

“that the proceedings were manifestly unfair and that the actions of the [IJ] were 

such as to prevent a fair investigation.” Shin v. Mukasey, 547 F.3d 1019, 1024 (9th 

Cir. 2008) (internal quotation marks omitted). In considering reasonable fear review 

hearings, we are mindful that they are not “full evidentiary hearings” and are 

“intended to be expedited and efficient.” Bartolome, 904 F.3d at 813.

The record does not support Matias’ due process complaints. The IJ 

confirmed that Matias was comfortable proceeding without counsel and that she 

could understand her translator. Matias affirmed the information that she provided 

to the asylum officer. The IJ found that the asylum officer diligently obtained and 

recorded the information in Matias’ case. The IJ invited Matias to present evidence 

that she didn’t share with the asylum officer. The IJ stated that she reviewed all the 

evidence de novo, and the record supports that statement. Matias’ IJ proceedings
4 

were not “manifestly unfair;” nor did they “prevent a fair investigation.” See Shin, 

547 F.3d at 1024.

PETITION DENIED.