Mariano Cortez v. William Barr

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 12 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARIANO CORTEZ, No. 19-71884 Petitioner, Agency No. A087-683-178 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Immigration Judge Submitted May 6, 2020** Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges. Mariano Cortez, a native and citizen of El Salvador, petitions for review of an immigration judge’s (“IJ”) determination under 8 C.F.R. § 1208.31(a) that he did not have a reasonable fear of persecution or torture in El Salvador and thus is not entitled to relief from his reinstated removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the IJ’s factual findings. * 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). Andrade-Garcia v. Lynch, 828 F.3d 829, 836 (9th Cir. 2016). We deny the petition for review. Substantial evidence supports the IJ’s determination that Cortez failed to demonstrate a reasonable possibility of persecution 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.”). Substantial evidence also supports the IJ’s determination that Cortez failed to demonstrate a reasonable possibility of torture by or with the consent or acquiescence of the government if returned to El Salvador. See Andrade-Garcia, 828 F.3d at 836-37. Cortez’s motion for a stay of removal (Docket Entry No. 2) is denied as moot. PETITION FOR REVIEW DENIED. 2 19-71884