Sergio Acevedo-Ramos v. William Barr

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 25 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SERGIO ACEVEDO-RAMOS, No. 18-72571 Petitioner, Agency No. A208-304-851 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 18, 2019** Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges. Sergio Acevedo-Ramos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from 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 8 U.S.C. § 1252. We review for substantial evidence the * 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). agency’s factual findings. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for review. Substantial evidence supports the agency’s determination that Acevedo- Ramos failed to establish that the harm he suffered or fears in Mexico was or 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, Acevedo-Ramos’s asylum and withholding of removal claims fail. Substantial evidence also supports the agency’s denial of Acevedo-Ramos’s CAT claim because he failed to show it is more likely than not he will be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Garcia-Milian, 755 F.3d at 1033-35 (concluding that petitioner did not establish the necessary state action for CAT relief). PETITION FOR REVIEW DENIED. 2 18-72571