MARROQUIN MACIEL v. BARR (2019)

MEMORANDUM **

Alvaro Marroquin Maciel, 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 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 finding that Marroquin Maciel failed to establish that the harm he experienced or fears in Mexico was or would be on account of a protected ground. See Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his membership in such group” (emphasis in original)); 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.”). Thus, Marroquin Maciel’s asylum and withholding claims fail.

In light of this disposition, we need not reach Marroquin Maciel’s remaining contentions as to asylum and withholding. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (“As a general rule courts ․ are not required to make findings on issues the decision of which is unnecessary to the results they reach.” (citation omitted)).

Substantial evidence supports the agency’s denial of CAT relief because Marroquin Maciel failed to show it is more likely than not he will 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); see also Garcia-Milian, 755 F.3d at 1033-35 (concluding that petitioner did not establish the necessary state action for CAT relief).

PETITION FOR REVIEW DENIED.