NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 7 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JACINTO RAYMUNDO-CEDILLO, No. 16-73646
Petitioner, Agency No. A206-727-058
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 4, 2020**
Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.
Jacinto Raymundo-Cedillo, 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”).
Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial
*
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).
evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-
85 (9th Cir. 2006). We deny in part and dismiss in part the petition for review.
Raymundo-Cedillo does not challenge the agency’s finding that the
proposed social group of “youth being recruited into gang membership against
their will” was not cognizable. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-
60 (9th Cir. 1996) (issues not specifically raised and argued in a party’s opening
brief are waived). To the extent Raymundo-Cedillo raises new proposed social
groups based on characteristics that he did not raise before the agency, we lack
jurisdiction to consider them. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th
Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency).
Substantial evidence supports the agency’s conclusion that Raymundo-
Cedillo failed to establish he was or would be persecuted on account of 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,
Raymundo-Cedillo’s asylum and withholding of removal claims fail.
Substantial evidence also supports the agency’s denial of CAT relief because
Raymundo-Cedillo failed to show it is more likely than not he will be tortured by
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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).
We reject Raymundo-Cedillo’s contentions that the agency erred in its
analysis of his case.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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