Erick Moreno-Nunez v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 15 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ERICK GUSTAVO MORENO-NUNEZ, No. 14-70757 Petitioner, Agency No. A205-147-182 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 12, 2018** Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges. Erick Gustavo Moreno-Nunez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals (“BIA”) 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”). * 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. Zetino v. Holder, 622 F.3d 1007, 1012 (9th Cir. 2010). We deny the petition for review. Substantial evidence supports the agency’s conclusion that Moreno-Nunez failed to establish that the harm he fears in Mexico would be on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992); Zetino, 622 F.3d at 1016 (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”). We reject Moreno-Nunez’s contention that the BIA erred in its social group analysis. Thus, Moreno-Nunez’s asylum and withholding of removal claims fail. Substantial evidence also supports the agency’s denial of CAT relief because Moreno-Nunez failed to establish it is more likely than not he will be tortured by or with the consent or acquiescence of the government of Mexico. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative). PETITION FOR REVIEW DENIED. 2 14-70757 14-70757 Court of Appeals for the Ninth Circuit ca9 9th Cir. Erick Moreno-Nunez v. Jefferson Sessions 15 June 2018 Agency Unpublished 2f6da3be77487068796ee9f953493d83c844c89d

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