FOLGAR v. BARR (2019)

MEMORANDUM **

Nelson Folgar, a native and citizen of Honduras, petitions for review of an immigration judge’s (“IJ”) order affirming an asylum officer’s negative reasonable fear determination. We have jurisdiction under 8 U.S.C. § 1252(a)(1), and we deny the petition.

“We review the IJ’s determination that [Folgar] did not establish a reasonable fear of persecution or torture for substantial evidence.” Bartolome v. Sessions, 904 F.3d 803, 811 (9th Cir. 2018). Substantial evidence supports the IJ’s conclusion that Folgar failed to establish that he was or would be persecuted 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”); see also Reyes v. Lynch, 842 F.3d 1125, 1131 (9th Cir. 2016) (in order to demonstrate membership in a particular group, “[t]he applicant must ‘establish that the group is (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question’ ” (quoting Matter of M-E-V-G-, 26 I. & N. Dec. 227, 237 (BIA 2014))). “Similarly, [Folgar] failed to provide any evidence that he would be or was in danger of being tortured with the acquiescence of the government.” Bartolome, 904 F.3d at 814.

PETITION FOR REVIEW DENIED.