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HERNANDEZ URCINO v. WILKINSON (2021)

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United States Court of Appeals, Ninth Circuit.

Santiago HERNANDEZ-URCINO, Petitioner, v. Robert M. WILKINSON, Acting Attorney General, Respondent.

No. 20-70616

Decided: January 29, 2021

Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges. Jordan Harlan Schweller, Attorney, Jordan Schweller, San Diego, CA, for Petitioner Patricia Bruckner, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

Santiago Hernandez-Urcino, 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 asylum, withholding of removal, and relief 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. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for review.

Substantial evidence supports the agency's determination that Hernandez-Urcino failed to establish he would be persecuted 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”); 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, Hernandez-Urcino's asylum and withholding of removal claims fail.

Substantial evidence also supports the agency's denial of CAT relief because Hernandez-Lopez failed to show it is more likely than not he would 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 DENIED.

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