Manuel DIAZ, aka Diego Morales, Petitioner, v. William P. BARR, Attorney General, Respondent.
Decided: October 18, 2019
Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.
Carlos Alfredo Cruz, Esquire, Attorney, Law Offices of Carlos A. Cruz, Alhambra, CA, for Petitioner Surell Brady, Esquire, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent
Manuel Diaz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ orders 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”). 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 Diaz’s due process claims because he failed to raise them to the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency).
Substantial evidence supports the agency’s determination that Diaz failed to demonstrate a nexus between the harm he fears in Mexico and 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”). Thus, Diaz’s asylum and withholding of removal claims fail.
In light of this disposition, we do not reach Diaz’s remaining particular social group contentions. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to decide issues unnecessary to the results they reach).
Substantial evidence also supports the agency’s denial of CAT relief because Diaz failed to show it is more likely than not that he would be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009) (no likelihood of torture established).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
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