NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JORGE MARIO AGUILAR ARRIAGA, No. 15-70738
Petitioner, Agency No. A073-933-151
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2019**
Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.
Jorge Mario Aguilar Arriaga, a native and citizen of Guatemala, 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 relief under the Convention Against Torture (“CAT”).
We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law,
*
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).
Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), except to the extent that
deference is owed to the BIA’s interpretation 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 that Aguilar Arriaga failed to establish
membership in a cognizable social group. See Reyes v. Lynch, 842 F.3d 1125,
1131 (9th Cir. 2016) (in order to demonstrate membership in a particular group,
“[t]he applicant must ‘establish that the group is (1) composed of members who
share a common immutable characteristic, (2) defined with particularity, and (3)
socially distinct within the society in question’” (quoting Matter of M-E-V-G-, 26
I. & N. Dec. 227, 237 (BIA 2014))).
Substantial evidence supports the agency’s determination that Aguilar
Arriaga failed to demonstrate a nexus between the harm he experienced or fears in
Guatemala and 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”); Barrios v. Holder, 581 F.3d 849, 856 (9th Cir. 2009) (finding a
political opinion claim failed where petitioner did not present sufficient evidence
of political or ideological opposition to the gang’s ideals or that the gang imputed a
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particular political belief to the petitioner). Thus, Aguilar Arriaga’s asylum and
withholding of removal claims fail.
In light of this disposition, we do not reach Aguilar Arriaga’s remaining
contentions regarding the merits of his asylum and withholding of removal claims.
See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies
are not required to decide issues unnecessary to the results they reach).
Substantial evidence also supports the agency’s denial of CAT relief because
Aguilar Arriaga failed to show it is more likely than not that he would be tortured
by or with the consent or acquiescence of the government if returned to Guatemala.
See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.
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