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AGUILAR AGUILAR v. WILKINSON (2021)

United States Court of Appeals, Ninth Circuit.2021-02-19No. No. 15-71420

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Opinion

MEMORANDUM **

Mario Luis Aguilar-Aguilar, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judges decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agencys factual findings. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for review.

Substantial evidence supports the agencys determination that Aguilar-Aguilar failed to establish that the harm he suffered or fears in Guatemala was or would be on account of a protected ground. See Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir. 2009) (rejecting petitioners contention that he was persecuted on account of his political opinion or membership in a particular social group based on his refusal to join a gang); see also Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (an applicants “desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground”). Thus, Aguilar-Aguilars withholding of removal claim fails.

Substantial evidence also supports the agencys denial of CAT relief because Aguilar-Aguilar failed to show it is more likely than not he will be tortured by or with the consent or acquiescence of the government if returned to Guatemala. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009); see also Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (generalized evidence of violence and crime in petitioners home country was insufficient to meet standard for CAT relief).

As stated in the courts July 30, 2015 order, the temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.