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Posadas v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 3, 2015
611 F. App'x 373 (9th Cir. 2015)

Opinion

No. 11-73698

08-03-2015

RAUL FIGUEROA POSADAS, AKA Kenny W. Blouch, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A201-157-085 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: CANBY, BEA, and MURGUIA, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Raul Figueroa Posadas, a native and citizen of El Salvador, 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 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). We deny the petition for review.

The record does not compel the conclusion that Posadas established changed circumstances to excuse his untimely asylum application. See 8 C.F.R. § 1208.4(a)(4); see also Ramadan v. Gonzalez, 479 F.3d 646, 656-58 (9th Cir. 2007) (per curiam). Thus, we deny Posadas' petition as to his asylum claim.

Substantial evidence supports the agency's finding that Posadas did not establish it is more likely than not he will be persecuted on account of a protected ground if returned to El Salvador. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (petitioner'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"); see also Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir. 2009) (the REAL ID Act "requires that a protected ground represent 'one central reason' for an asylum applicant's persecution"). Thus, we deny the petition as to Posadas' withholding of removal claim.

Substantial evidence also supports the agency's denial of CAT relief because Posadas failed to show it is more likely than not he will be tortured by or with the consent or acquiescence of the Salvadoran government if returned to El Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). Thus, we deny the petition as to Posadas' CAT claim.

Finally, in light of respondent's opposition, we deny Posadas' motion for an extension of time to notify the court of a possible procedural resolution.

PETITION FOR REVIEW DENIED.


Summaries of

Posadas v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 3, 2015
611 F. App'x 373 (9th Cir. 2015)
Case details for

Posadas v. Lynch

Case Details

Full title:RAUL FIGUEROA POSADAS, AKA Kenny W. Blouch, Petitioner, v. LORETTA E…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 3, 2015

Citations

611 F. App'x 373 (9th Cir. 2015)