ALEJANDRO PEREZ CASTILLO V. MERRICK GARLAND, No. 19-71728 (9th Cir. 2021)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED MAR 22 2021 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT ALEJANDRO PEREZ CASTILLO, Petitioner, No. U.S. COURT OF APPEALS 19-71728 Agency No. A200-156-356 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 16, 2021** Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges. Alejandro Perez Castillo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”) and denying his motion * 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). to terminate proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review. In his opening brief, Perez Castillo does not raise any challenge to the agency’s determination that he did not suffer past persecution in Mexico. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a party’s opening brief are waived). Substantial evidence supports the agency’s determination that Perez Castillo failed to establish the harm he fears in Mexico would be 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, Perez Castillo’s withholding of removal claim fails. In his opening brief, Perez Castillo also does not raise any challenge to the agency’s denial of CAT relief or the denial of his motion to terminate. See LopezVasquez, 706 F.3d at 1079-80. As stated in the court’s September 9, 2019 order, the temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 19-71728
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