NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 19 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT NOE ARENAS-ROSAS, AKA Noe Rosas, No. 14-72937 Petitioner, Agency No. A077-152-343 v. MEMORANDUM* ROBERT M. WILKINSON, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 17, 2021** Before: GRABER, FRIEDLAND, and BENNETT, Circuit Judges. Noe Arenas-Rosas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). * 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). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184– 85 (9th Cir. 2006), and deny the petition for review. Substantial evidence supports the agency’s conclusion that Arenas-Rosas failed to establish that he would be persecuted on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (an applicant’s “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, his withholding of removal claim fails. Substantial evidence also supports the agency’s denial of CAT protection because Arenas-Rosas 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 Mexico. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009) (stating standard). PETITION FOR REVIEW DENIED. 2 14-72937 14-72937 Court of Appeals for the Ninth Circuit ca9 9th Cir. Noe Arenas-Rosas v. Robert Wilkinson 19 February 2021 Agency Unpublished 750c64faf8fa7f52181dd9ff10e1ae2b70e00b53
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