MONROY ACEVADO v. SESSIONS III (2018)

MEMORANDUM **

Luis De Jesus Monroy-Acevado, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Monroy-Acevado’s contention as to his family as a social group because he did not raise it to the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).

Substantial evidence supports the agency’s determination that Monroy-Acevado failed to establish a nexus between the harm he fears and 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”). Thus, Monroy-Acevado’s withholding of removal claim fails. See id. at 1015-16.

We reject Monroy-Acevado’s contention that the agency violated his due process rights. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (error required to prevail on due process claim).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.