SERRANO v. WHITAKER (2018)

MEMORANDUM **

Liliana Elizabeth Serrano and her son, natives and citizens of El Salvador, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.

Petitioners do not challenge the agency’s determination that their past harm did not rise to the level of persecution. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-1080 (9th Cir. 2013) (issues not specifically raised and argued in a party’s opening brief are waived). In addition, substantial evidence supports the agency’s determination that petitioners failed to establish an objectively reasonable fear of future persecution on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (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”); see also Halim v. Holder, 590 F.3d 971, 977 (9th Cir. 2009) (petitioner “failed to make a compelling showing of the requisite objective component of a well-founded fear of persecution”). In light of our conclusion, we do not reach petitioners’ contention as to their particular social group. Thus, petitioners’ asylum and withholding of removal claims fail.

Substantial evidence also supports the agency’s denial of CAT relief because petitioners failed to show it is more likely than not that they will be tortured by or with the consent or acquiescence of the government of El Salvador. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative).

PETITION FOR REVIEW DENIED.