Opinion
16-72657
03-22-2022
NERI HUMBERTO VIRULA-CHACON, AKA Neri Humberto Virula, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.
NOT FOR PUBLICATION
Submitted March 16, 2022 [**]
On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A205-720-335
Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.
MEMORANDUM [*]
Neri Humberto Virula-Chacon, 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 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. Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We review de novo questions of law. Id. We deny the petition for review.
Substantial evidence supports the agency's determination that Virula-Chacon failed to establish the harm he experienced or fears in El Salvador was or would be 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, Virula-Chacon's asylum and withholding of removal claims fail.
We do not consider Virula-Chacon's claim based on his proposed particular social group of "Salvadoran men who refuse to submit to police corruption and gang violence" because the BIA did not decide the issue, see Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011) (review limited to the grounds relied on by the BIA), and the BIA did not err in declining to consider the claim where it was raised for the first time to the BIA, see Honcharov v. Barr, 924 F.3d 1293, 1297 (9th Cir. 2019) (BIA did not err in declining to consider proposed social groups raised for the first time on appeal).
Substantial evidence supports the agency's denial of CAT relief because Virula-Chacon 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 El Salvador. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
The temporary stay of removal remains in place until issuance of the mandate.
PETITION FOR REVIEW 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).