Dennis Chavez v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Dennis Chavez v. Loretta E. Lynch, 671 F. App'x 641 (9th Cir. 2016)
Wallace, Leavy, Fisher

Dennis Chavez v. Loretta E. Lynch

Opinion

MEMORANDUM **

Dennis Alexander Chavez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“13”) decision denying his application for asylum and with *642 holding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and de novo claims of due process violations, Rizo v. Lynch, 810 F.3d 688, 690 (9th Cir. 2016). We deny the petition for review.

Substantial evidence supports the BIA’s determination that Chavez failed to establish a nexus between his past experiences and his fear of future harm and a protected ground. See 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”); see also 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.”). We reject Chavez’s contention that the IJ violated his due process rights. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (petitioner must show error to prevail on a due process claim). Thus, Chavez’s asylum and withholding of removal claims fail.

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
Dennis Alexander CHAVEZ, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished