NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 22 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT THOMAS BENOIT, No. 17-70179 Petitioner, Agency No. A200-202-065 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: FERNANDEZ, BYBEE, and BADE, Circuit Judges. Thomas Benoit, a native and citizen of Haiti, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under * 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). 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We deny the petition for review. Substantial evidence supports the agency’s determination that Benoit failed to establish the harm he experienced or fears in Haiti was or would be 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, Benoit’s asylum and withholding of removal claims fail. Substantial evidence also supports the agency’s denial of CAT relief because Benoit failed to show it is more likely than not he would be tortured by or with the consent or acquiescence of the government if returned to Haiti. See Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009) (no likelihood of torture). As stated in the court’s March 27, 2017 order, the temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 17-70179 17-70179 Court of Appeals for the Ninth Circuit ca9 9th Cir. Thomas Benoit v. Robert Wilkinson 22 February 2021 Agency Unpublished 07685c8317dfb0d7649ff2bc7688f40e357a785a
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