NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 26 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE ANTONIO RUIZ-MORENA, No. 18-73316 Petitioner, Agency No. A073-392-815 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Immigration Judge Submitted September 18, 2019** Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges. Jose Antonio Ruiz-Morena, 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 is thus 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, 836 (9th Cir. 2016), and we deny the petition for review. Substantial evidence supports the IJ’s determination that Ruiz-Morena failed to establish a reasonable possibility of persecution in Mexico on account of a protected ground. See Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his membership in such group” (emphasis in original)); 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 IJ’s determination that Ruiz-Morena failed to demonstrate a reasonable possibility of torture by or with the consent or acquiescence of the government if returned to Mexico. See Andrade-Garcia, 828 F.3d at 836-37. 2 18-73316 We reject as without merit Ruiz-Morena’s argument that the IJ erred in the analysis of his claims. PETITION FOR REVIEW DENIED. 3 18-73316 18-73316 Court of Appeals for the Ninth Circuit ca9 9th Cir. Jose Ruiz-Morena v. William Barr 26 September 2019 Agency Unpublished ad18bbba5f05e9a2a1336116dac5759f83b03482
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