AGUIRRE BOLIVAR v. BARR (2020)

MEMORANDUM **

Eleazar Aguirre-Bolivar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s decision denying his application for 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. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Aguirre-Bolivar’s contentions regarding political opinion and his religion claim that he did not raise 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); Zara v. Ashcroft, 383 F.3d 927, 931 (9th Cir. 2004) (the BIA’s use of the streamlined summary affirmance procedure does not eliminate the exhaustion requirement).

Substantial evidence supports the agency’s determination that Aguirre-Bolivar failed to establish that the harm he suffered in Mexico was on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (“An alien’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 agency’s determination that Aguirre-Bolivar failed to establish a clear probability of future persecution in Mexico. See Tamang v. Holder, 598 F.3d 1083, 1094-95 (9th Cir. 2010) (fear of future persecution was not objectively reasonable). Thus, Aguirre-Bolivar’s withholding of removal claim fails.

In light of this disposition, we need not reach Aguirre-Bolivar’s remaining contentions regarding his withholding of removal claim. 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 supports the agency’s denial of CAT relief because Aguirre-Bolivar 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).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.