Amador Luevanos-Garcia v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 22 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT AMADOR LUEVANOS-GARCIA, AKA No. 15-72944 Guillermo Garcia Espinosa, Agency No. A090-344-153 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Immigration Judge’s Decision Submitted March 13, 2018** Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges. Amador Luevanos-Garcia, a native and citizen of Mexico, petitions for review of an immigration judge’s (“IJ”) determination under 8 C.F.R. § 1208.31(a) that he did not have a reasonable fear of persecution or torture in Mexico, and thus is not entitled to relief from his reinstated removal order. We have jurisdiction * 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). under 8 U.S.C. § 1252. We review for substantial evidence the IJ’s factual findings, Andrade-Garcia v. Lynch, 828 F.3d 829, 833 (9th Cir. 2016), and we deny the petition for review. Substantial evidence supports the IJ’s determination that Luevanos-Garcia failed to establish a reasonable possibility of future persecution in Mexico 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.”). Substantial evidence also supports the conclusion that Luevanos-Garcia failed to demonstrate a reasonable possibility of torture by or with the consent or acquiescence of the government of Mexico. See Andrade-Garcia, 828 F.3d at 836- 37. We reject Luevanos-Garcia’s contention that the IJ failed to consider all of his claims and evidence. PETITION FOR REVIEW DENIED. 2 15-72944 15-72944 Court of Appeals for the Ninth Circuit ca9 9th Cir. Amador Luevanos-Garcia v. Jefferson Sessions 22 March 2018 Agency Unpublished 154eee5189f1cc89158eda5ce062a6e83c4d723d

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