U.S. Court of Appeals for the Ninth Circuit, 2013

Wendi Tejada-Ramirez v. Eric Holder, Jr.

Wendi Tejada-Ramirez v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided August 20, 2013 · Graber, Wardlaw, Paez
538 F. App'x 813

Wendi Tejada-Ramirez v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Roberto Najera-Lara, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review factual findings for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.

Substantial evidence supports the BIA’s denial of withholding of removal, because any harm that occurred had no nexus to a protected ground. See Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir. 2009); Ramos-Lopez v. Holder, 563 F.3d 855, 858-62 (9th Cir. 2009).

Substantial evidence supports the denial of CAT relief, because Petitioner failed to establish that it is more likely than not that he would be tortured if he returns to Guatemala. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).

PETITION FOR REVIEW DENIED.

**

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

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