YERLI MAURICIO MONCADA LOPEZ V. ERIC HOLDER, JR., No. 11-70009 (9th Cir. 2015)
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NOT FOR PUBLICATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT APR 17 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS YERLI MAURICIO MONCADA LOPEZ, Petitioner, No. 11-70009 Agency No. A088-964-256 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 7, 2015** Before: FISHER, TALLMAN, and NGUYEN, Circuit Judges. Yerli Mauricio Moncada Lopez, a native and citizen of Honduras, petitions 27 pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing 28 his appeal from an immigration judge’s decision denying his application for 29 asylum, withholding of removal, and protection under the Convention Against * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 1 Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for 2 substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 3 1049, 1056 (9th Cir. 2009), and we deny the petition for review. 4 The record does not compel the conclusion that Moncada Lopez established 5 changed circumstances to excuse his untimely asylum application. See 8 C.F.R. § 6 1208.4(a); see also Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir. 1997) (to reverse 7 the agency’s decision, petitioner must show that the evidence compels this 8 conclusion). 9 Moncada Lopez argued to the agency that he established past persecution 10 and a fear of future persecution from gang members on account of his political 11 opinion and membership in a particular social group consisting of his family. 12 Substantial evidence supports the BIA’s finding that Moncada Lopez failed to 13 establish past persecution or that it is more likely than not he would be persecuted 14 on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th 15 Cir. 2010) (“An alien’s desire to be free from harassment by criminals motivated 16 by theft or random violence by gang members bears no nexus to a protected 17 ground.”). Thus, Moncada Lopez’s withholding of removal claim fails. 18 19 Finally, substantial evidence supports the agency’s denial of CAT relief because Moncada Lopez failed to establish it is more likely than not that he would 2 11-70009 1 be tortured with the consent or acquiescence of the Honduran government if 2 returned to Honduras. See Garcia-Milian v. Holder, 755 F.3d 1026, 1034 (9th Cir. 3 2014) (general ineffectiveness in preventing or investigating criminal activities 4 does not raise an inference that public officials are likely to acquiesce in torture). 5 PETITION FOR REVIEW DENIED. 3 11-70009
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