Jose Ruiz-Morena v. William Barr


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 26 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE ANTONIO RUIZ-MORENA, No. 18-73316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Court of Appeals for the Ninth Circuit ca9 9th Cir. Jose Ruiz-Morena v. William Barr 26 September 2019 Agency Unpublished ad18bbba5f05e9a2a1336116dac5759f83b03482

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