RUIZ MORENA v. BARR (2019)

MEMORANDUM **

Jose Antonio Ruiz-Morena, a native and citizen of Mexico, petitions for review of an immigration judge’s (“IJ”) determination under 8 C.F.R. § 1208.31(a) that he did not have a reasonable fear of persecution or torture in Mexico, and is thus not entitled to relief from his reinstated removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the IJ’s factual findings, Andrade-Garcia v. Lynch, 828 F.3d 829, 836 (9th Cir. 2016), and we deny the petition for review.

Substantial evidence supports the IJ’s determination that Ruiz-Morena failed to establish a reasonable possibility of persecution in Mexico 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.”).

Substantial evidence also supports the IJ’s determination that Ruiz-Morena failed to demonstrate a reasonable possibility of torture by or with the consent or acquiescence of the government if returned to Mexico. See Andrade-Garcia, 828 F.3d at 836-37.

We reject as without merit Ruiz-Morena’s argument that the IJ erred in the analysis of his claims.

PETITION FOR REVIEW DENIED.