NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDGAR GIOVANNI OLIVA PALENCIA, No. 16-71134
AKA Roberto Leone Estrada,
Agency No. A205-310-835
Petitioner,
v. MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 8, 2020**
Before: CALLAHAN, NGUYEN, and HURWITZ, Circuit Judges.
Edgar Giovanni Oliva Palencia, a native and citizen of Guatemala, petitions
pro se 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
*
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).
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-
85 (9th Cir. 2006). We deny the petition for review.
Oliva Palencia does not challenge the agency’s dispositive determination
that his asylum application was untimely. See Lopez-Vasquez v. Holder, 706 F.3d
1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a
party’s opening brief are waived). Thus, we deny the petition for review as to his
asylum claim.
Substantial evidence supports the agency’s determination that Oliva Palencia
failed to establish that the harm he experienced or fears in Guatemala 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, Oliva Palencia’s withholding of removal claim fails.
In light of this disposition, we do not reach Oliva Palencia’s remaining
contentions as to withholding of removal. 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).
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Substantial evidence also supports the agency’s denial of CAT relief because
Oliva Palencia 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 Guatemala. See
Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.
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