NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAUL DE JESUS FLORES TRINIDAD, No. 19-71385
AKA Raul De Jesus Flores,
Agency No. A087-681-924
Petitioner,
v. MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 5, 2020**
Before: SCHROEDER, HAWKINS, and LEE, Circuit Judges.
Raul de Jesus Flores Trinidad, 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 application for asylum, withholding of
removal, and relief under the Convention Against Torture (“CAT”). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings, Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir.
2014), and we deny the petition for review.
Substantial evidence supports the agency’s determination that Flores
Trinidad failed to show that the harm he experienced or fears was or would be on
account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir.
2010) (petitioner’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”);
see also Ayala v. Holder, 640 F.3d 1095, 1097-98 (9th Cir. 2011) (a petitioner who
establishes membership in particular social group must also “establish that any
persecution was or will be on account of his membership in such group”); Barrios
v. Holder, 581 F.3d 849, 856 (9th Cir. 2009) (rejecting political opinion claim
where petitioner did not present sufficient evidence of political or ideological
opposition to the gang’s ideals or that the gang imputed a particular political belief
to the petitioner). Our conclusion is not affected by the differing nexus standards
applicable to asylum and withholding of removal claims. Cf. Barajas-Romero v.
Lynch, 846 F.3d 351, 360 (9th Cir. 2017) (discussing Zetino having drawn no
distinction between the standards where there was no nexus at all to a protected
ground). Thus, Flores Trinidad’s asylum and withholding of removal claims fail.
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In light of this disposition, we do not reach Flores Trinidad’s contentions
concerning the timeliness of his asylum application and the cognizability of his
proposed social groups. 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 supports the agency’s denial of CAT relief because
Flores Trinidad failed to show it is more likely than not he would be tortured by 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).
We reject as unsupported by the record Flores Trinidad’s contentions that
the agency failed to consider evidence or otherwise erred in its analysis of his
claims.
PETITION FOR REVIEW DENIED.
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