NOT FOR PUBLICATION FILED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
FELIPE DE JESUS IBARRA MORENO, No. 15-70144
Petitioner, Agency No. A075-111-778
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.
Felipe de Jesus Ibarra Moreno, 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 applications for 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 agency’s factual
*
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).
findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We deny the
petition for review.
Substantial evidence supports the agency’s determination that Ibarra Moreno
failed to demonstrate a nexus between the harm he experienced or fears in Mexico
and a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (an
applicant “must provide some evidence of [motive], direct or circumstantial”
(emphasis in original)); see also 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, Ibarra Moreno’s withholding of removal claim fails.
We do not reach Ibarra Moreno’s remaining contentions regarding
withholding of removal. See Recinos De Leon v. Gonzales, 400 F.3d 1185, 1189
(9th Cir. 2005) (“We may affirm the [agency] only on grounds set forth in the
opinion under review.”).
Substantial evidence also supports the agency’s denial of CAT relief because
Ibarra Moreno failed to show it is more likely than not that he would be tortured by
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or with the consent or acquiescence of the government if returned to Mexico. See
Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.
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