NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 7 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MANUEL MORALES-GUSCA, AKA No. 13-73899
Lenin Aparicio-Morales, AKA Rafa
Hernandez Morales, Agency No. A087-456-410
Petitioner,
MEMORANDUM*
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2017**
Before: PAEZ, BEA, and MURGUIA, Circuit Judges.
Manuel Morales-Gusca, a native and citizen of Mexico, petitions for review
of the Board of Immigrations Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for withholding of removal
*
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).
and relief under the Convention Against Torture (“CAT”). We have jurisdiction
under 8 U.S.C. § 1252. We review questions of law de novo, Cerezo v. Mukasey,
512 F.3d 1163, 1166 (9th Cir. 2008), except to the extent that deference is owed to
the BIA’s determination of the governing statutes and regulations, Simeonov v.
Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We review for substantial evidence
the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir.
2008). We deny the petition for review.
The agency did not err in finding Morales-Gusca failed to establish
membership in a cognizable social group. See Ramirez-Munoz v. Lynch, 816 F.3d
1226, 1228-29 (9th Cir. 2016); see also Zetino v. Holder, 622 F.3d 1007, 1016 (9th
Cir. 2010) (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”). Thus, we deny the petition as to his withholding of removal claim.
Further, substantial evidence supports the agency’s denial of Morales-
Gusca’s CAT claim because he did not demonstrate it is more likely than not he
would be tortured by the Mexican government, or with its consent or acquiescence.
See Silaya, 524 F.3d at 1073.
PETITION FOR REVIEW DENIED.
2 13-73899