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Candelario-Cruz v. Garland

United States Court of Appeals, Ninth Circuit
Nov 21, 2022
No. 17-72115 (9th Cir. Nov. 21, 2022)

Opinion

17-72115

11-21-2022

SABINO CANDELARIO-CRUZ, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.


NOT FOR PUBLICATION

Submitted November 15, 2022

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A205-721-183

Before: CANBY, CALLAHAN, and BADE, Circuit Judges.

MEMORANDUM

Sabino Candelario-Cruz, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's decision denying his applications for asylum, 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. Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We deny the petition for review.

Substantial evidence supports the agency's conclusion that Candelario-Cruz failed to establish he was or 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, Candelario-Cruz's asylum and withholding of removal claims fail.

Substantial evidence also supports the agency's denial of CAT protection because Candelario-Cruz 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).

We reject as unsupported by the record Candelario-Cruz's contention that the agency failed to consider evidence or otherwise erred in the analysis of his claims.

PETITION FOR REVIEW DENIED.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).


Summaries of

Candelario-Cruz v. Garland

United States Court of Appeals, Ninth Circuit
Nov 21, 2022
No. 17-72115 (9th Cir. Nov. 21, 2022)
Case details for

Candelario-Cruz v. Garland

Case Details

Full title:SABINO CANDELARIO-CRUZ, Petitioner, v. MERRICK B. GARLAND, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 21, 2022

Citations

No. 17-72115 (9th Cir. Nov. 21, 2022)