CORTEZ v. BARR (2020)

MEMORANDUM **

Mariano Cortez, a native and citizen of El Salvador, 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 El Salvador and thus is 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). We deny the petition for review.

Substantial evidence supports the IJ’s determination that Cortez failed to demonstrate a reasonable possibility of persecution 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.”).

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

Cortez’s motion for a stay of removal (Docket Entry No. 2) is denied as moot.

PETITION FOR REVIEW DENIED.