NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 10 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CHRISTIAN ALONZO GIRON-CASTRO, No. 14-73183 AKA Cristian Giron-Castro, AKA Cristian Jiran-Castro, Agency No. A205-596-281 Petitioner, MEMORANDUM* v. WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 6, 2020** Before: THOMAS, Chief Judge, HAWKINS and McKEOWN, Circuit Judges. Christian Alonzo Giron-Castro, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for * 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). withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252, and we dismiss in part and deny in part the petition. We lack jurisdiction to consider Giron-Castro’s contentions regarding political opinion and asylum because he did not raise them before the agency. See Barron v. Ashcroft, 358 F.3d 674, 677–78 (9th Cir. 2004). We reject Giron- Castro’s challenge to the BIA’s streamlining procedures because the BIA’s final order was not a streamlined decision. Substantial evidence supports the agency’s conclusion that Giron-Castro failed to establish that he would be persecuted on account of a protected ground. See Zehatye v. Gonzales, 453 F.3d 1182, 1184–85 (9th Cir. 2006) (reviewing for substantial evidence); Reyes v. Lynch, 842 F.3d 1125, 1131 (9th Cir. 2016) (to demonstrate social group membership, “[t]he applicant must ‘establish that the group is (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question’” (quoting Matter of M-E-V-G-, 26 I. & N. Dec. 227, 237 (BIA 2014))); see also Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (“An alien’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, Giron-Castro’s withholding claim fails. 2 14-73183 Substantial evidence supports the agency’s denial of CAT protection because Giron-Castro failed to show he will more likely than not be tortured by or with the consent or acquiescence of the government if returned to El Salvador. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009). PETITION DISMISSED in part and DENIED in part. 3 14-73183 14-73183 Court of Appeals for the Ninth Circuit ca9 9th Cir. Christian Giron-Castro v. William Barr 10 July 2020 Agency Unpublished ed7839917b2ea805c2c5b5437243875f597aadf8
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals