FILED
NOT FOR PUBLICATION DEC 15 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROLANDO RIVERA-IBANEZ, No. 08-72811
Petitioner, Agency No. A098-435-487
v.
LORETTA E. LYNCH, Attorney General, MEMORANDUM*
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Rolando Rivera-Ibanez, 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 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, see Wakkary v. Holder, 558 F.3d 1049,
1056 (9th Cir. 2009), and we deny the petition for review.
Substantial evidence supports the BIA’s determination that Rivera-Ibanez
failed to establish a protected ground was “one central reason” for harm he
suffered or fears. See 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 Gormley v. Ashcroft, 364 F.3d
1172, 1177 (9th Cir. 2004) (“Random, isolated criminal acts perpetrated by
anonymous thieves do not establish persecution.”). Thus, Rivera-Ibanez’s asylum
and withholding of removal claims fail. See Zetino v. Holder, 622 F.3d 1007,
1015–16 (9th Cir. 2010).
Substantial evidence also supports the BIA’s denial of CAT protection
because Rivera-Ibanez failed to establish it is more likely than not that a
government official would consent to or acquiesce in his torture by gang members
if he returns to El Salvador. See 8 C.F.R. § 1208.18(a)(1); see also Silaya v.
Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
2 08-72811