ARENAS ROSAS v. WILKINSON (2021)

MEMORANDUM **

Noe Arenas-Rosas, 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 withholding of removal and protection 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, Zehatye v. Gonzales, 453 F.3d 1182, 1184–85 (9th Cir. 2006), and deny the petition for review.

Substantial evidence supports the agency's conclusion that Arenas-Rosas failed to establish that he would be persecuted 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”). Thus, his withholding of removal claim fails.

Substantial evidence also supports the agency's denial of CAT protection because Arenas-Rosas 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) (stating standard).

PETITION FOR REVIEW DENIED.