Opinion
17-73176
10-13-2022
BRAYAN ORLANDO CORTES RAMOS, AKA Brayan Orlando Cortez Ramos, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.
NOT FOR PUBLICATION
Submitted October 11, 2022 Honolulu, Hawaii
On Petition for Review of an Order of the Board of Immigration Appeals, Agency No. A205-842-021
Before: SCHROEDER, RAWLINSON, and BRESS, Circuit Judges.
MEMORANDUM [*]
Brayan Orlando Cortes Ramos (Cortes Ramos), a native and citizen of Honduras, petitions for review of the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition.
"We review for substantial evidence factual findings underlying the BIA's [Board of Immigration Appeals'] determination that a petitioner is not eligible for asylum, withholding of removal, or CAT relief. . . ." Plancarte Sauceda v. Garland, 23 F.4th 824, 831 (9th Cir. 2022), as amended (citation and internal quotation marks omitted).
"When, as here, the BIA conducts an independent review of the IJ's [Immigration Judge's] findings, we review the BIA's decision and not that of the IJ." Cordoba v. Holder, 726 F.3d 1106, 1113-14 (9th Cir. 2013) (citation, alteration, and internal quotation marks omitted). "[T]o reverse the BIA's finding under substantial evidence review, we must find that the evidence not only supports that conclusion, but compels it." Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021).
Cortes Ramos' application was based on threats, a beating from gang members who wanted him to join their gang, and the killing of his brother by gang members while Cortes Ramos was in the United States.
1. Substantial evidence supports the conclusion that Cortes Ramos failed to establish the required nexus between any past or feared harm in Honduras and his proposed social groups.
Cortes Ramos proposed the social groups of "youth evading gang recruitment in heavily gang-controlled areas" and "youth whose immediate family members are harmed or killed due to a family member evading gang recruitment in heavily gang-controlled areas." We have held that resisting pressure to join a gang does not establish membership in a particular social group. See Ramos-Lopez v. Holder, 563 F.3d 855, 861-62 (9th Cir. 2009), abrogated on other grounds by Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013) (en banc). In addition, "[a]n 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." Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010), as amended (citations omitted).
2. Because Cortes Ramos failed to establish eligibility for asylum, he necessarily fails to meet the higher standard for withholding of removal. See Sharma v. Garland, 9 F.4th 1052, 1066 (9th Cir. 2021).
3. Substantial evidence also supports the conclusion that Cortes Ramos failed to establish that if he returns to Honduras it is more likely than not he will be subject to torture that is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. See Tamang v. Holder, 598 F.3d 1083, 1095 (9th Cir. 2010).
In assessing an applicant's likelihood of torture, "evidence of relevant country conditions is extremely important." Id. However, Cortes Ramos conceded that the country conditions evidence he provided did not focus on Honduras. Accordingly, "[t]he record does not contain evidence compelling a conclusion different from the BIA's." Santos-Ponce, 987 F.3d at 891.
PETITION DENIED.
[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).