NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE ADAN VALENCIA-GAMEZ, No. 16-73440
Petitioner, Agency No. A206-802-253
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2018**
Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
Jose Adan Valencia-Gamez, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ order affirming an immigration
judge’s decision denying his application for asylum, withholding of removal, and
relief under the Convention against Torture (“CAT”). We have jurisdiction under
*
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).
8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings,
Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and we deny the petition
for review.
Valencia-Gamez does not challenge the agency’s finding that he failed to
establish past persecution. Substantial evidence supports the agency’s
determination that Valencia-Gamez failed to establish that any harm he fears in El
Salvador would be on account of a protected ground. See 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”). Thus, Valencia-Gamez’s asylum and withholding
of removal claims fail. See id.
Substantial evidence also supports the agency’s denial of CAT relief because
Valencia-Gamez failed to show it is more likely than not that he will be tortured
with the consent or acquiescence of the government of El Salvador. See Aden v.
Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.
2 16-73440