FILED
NOT FOR PUBLICATION MAY 21 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JULIO FABIAN GUTIERREZ- No. 12-73472
RODRIGUEZ,
Agency No. A098-282-217
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Julio Fabian Gutierrez-Rodriguez, a native and citizen of Guatemala,
petitions for review of a Board of Immigration Appeals’ order dismissing his
appeal from an immigration judge’s decision denying his application for asylum,
withholding of removal, and protection under the Convention Against Torture
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-
85 (9th Cir. 2006), and we deny the petition for review.
Substantial evidence supports the agency’s determination that Gutierrez-
Rodriguez did not establish past persecution or a fear of future persecution in
Guatemala because he did not to show the gang members’ actions were motivated
by his actual or imputed political opinion. See INS v. Elias-Zacarias, 502 U.S.
478, 483-84 (1992); Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir. 2009)
(the REAL ID Act “requires that a protected ground represent ‘one central reason’
for an asylum applicant’s persecution”); see also Zetino v. Holder, 622 F.3d 1007,
1016 (9th Cir. 2010) (petitioner’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, Gutierrez-Rodriguez’s asylum and withholding of
removal claims fails. See Dinu v. Ashcroft, 372 F.3d 1041, 1045 (9th Cir. 2004).
Gutierrez-Rodriguez does not challenge the agency’s denial of his CAT
claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues
not supported by argument are deemed waived).
PETITION FOR REVIEW DENIED.
2 12-73472