Arias-Portillo v. Garland

U.S. Court of Appeals for the Ninth Circuit

Arias-Portillo v. Garland

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 22 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

ESTER NOHEMY ARIAS-PORTILLO; et No. 23-479 al., Agency Nos. A208-756-410 Petitioners, A208-756-386 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted November 14, 2023 **

Before: SILVERMAN, WARDLAW, and TALLMAN, Circuit Judges.

Ester Nohemy Arias-Portillo and her daughter, natives and citizens of El

Salvador, petition pro se for review of the Board of Immigration Appeals’ (“BIA”)

order dismissing their appeal from an immigration judge’s decision denying their

* 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). applications 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. Conde

Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We deny the petition for

review.

Substantial evidence supports the agency’s determination that petitioners

failed to establish they were or would be persecuted 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,

petitioners’ asylum claim fails. Because petitioners failed to establish any nexus at

all, they also failed to satisfy the standard for withholding of removal. See

Barajas-Romero v. Lynch, 846 F.3d 351, 359-60 (9th Cir. 2017).

Because petitioners do not challenge the agency’s denial of CAT protection,

we do not address it. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th

Cir. 2013).

PETITION FOR REVIEW DENIED.

2 23-479

Reference

Status
Unpublished