MANUEL MORALES-GUSCA V. JEFFERSON SESSIONS, No. 13-73899 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JUL 7 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT MANUEL MORALES-GUSCA, AKA Lenin Aparicio-Morales, AKA Rafa Hernandez Morales, No. U.S. COURT OF APPEALS 13-73899 Agency No. A087-456-410 Petitioner, MEMORANDUM* v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 26, 2017** Before: PAEZ, BEA, and MURGUIA, Circuit Judges. Manuel Morales-Gusca, a native and citizen of Mexico, petitions for review of the Board of Immigrations Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal * 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). and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review questions of law de novo, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), except to the extent that deference is owed to the BIA’s determination of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We review for substantial evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We deny the petition for review. The agency did not err in finding Morales-Gusca failed to establish membership in a cognizable social group. See Ramirez-Munoz v. Lynch, 816 F.3d 1226, 1228-29 (9th Cir. 2016); see also Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (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, we deny the petition as to his withholding of removal claim. Further, substantial evidence supports the agency’s denial of MoralesGusca’s CAT claim because he did not demonstrate it is more likely than not he would be tortured by the Mexican government, or with its consent or acquiescence. See Silaya, 524 F.3d at 1073. PETITION FOR REVIEW DENIED. 2 13-73899

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