Marvin Moran v. Merrick Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 22 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARVIN GIOVANNY MORAN, No. 16-73206 Petitioner, Agency No. A094-321-869 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 16, 2022** Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges. Marvin Giovanny Moran, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for 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. Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We deny the petition for review. Substantial evidence supports the agency’s determination that the harm Moran experienced in El Salvador did not rise to the level of persecution. See Nahrvani v. Gonzales, 399 F.3d 1148, 1153 (9th Cir. 2005) (persecution is an extreme concept); see also Wakkary v. Holder, 558 F.3d 1049, 1059-60 (9th Cir. 2009) (cumulative experiences did not compel finding of past persecution). Substantial evidence also supports the agency’s determination that Moran did not establish a clear probability of future persecution in El Salvador. See Lanza v. Ashcroft, 389 F.3d 917, 934-35 (9th Cir. 2004) (petitioner’s evidence did not show clear probability of future persecution). We do not consider Moran’s pattern or practice and disfavored group claims because the BIA did not decide the issues, see Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011) (review limited to the grounds relied on by the BIA), and Moran does not contend the BIA erred in finding that his pattern or practice and disfavored group claims were not properly before it, see Corro-Barragan v. Holder, 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted in waiver). In light of this disposition, we do not reach Moran’s remaining contentions 2 16-73206 as to his eligibility for withholding of removal. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts are not required to decide issues unnecessary to the results they reach). Thus, Moran’s withholding of removal claim fails. Substantial evidence supports the agency’s denial of CAT relief because Moran failed to show that it is more likely than not he would be tortured by or with the consent or acquiescence of the government if returned to El Salvador. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009). The temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 3 16-73206