Jorge Manuel Reyes v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JORGE MANUEL REYES,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 11-70553
Agency No. A073-970-477
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Jorge Manuel Reyes, a native and citizen of El Salvador, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
FILED
APR 29 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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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.
Substantial evidence supports the agency’s determination that Reyes’s past
harm did not rise to the level of persecution. See Nahrvani v. Gonzales, 399 F.3d
1148, 1153 (9th Cir. 2005) (persecution is an extreme concept). Substantial
evidence also supports the agency’s determination that Reyes’s fear of future
persecution lacked a nexus to a protected ground. See Zetino v. Holder, 622 F.3d
1007, 1016 (9th Cir. 2010) (“desire to be free from harassment by criminals
motivated by theft or random violence . . . bears no nexus to a protected ground”).
Thus, Reyes’s asylum claim fails.
Because Reyes failed to establish eligibility for asylum, he necessarily failed
to meet the more stringent standard for withholding of removal. See Zehatye, 453
F.3d at 1190.
Finally, substantial evidence supports the denial of CAT relief, because
Reyes has not shown it is more likely than not he will be tortured by or with the
consent or acquiescence of the government if returned to El Salvador. See
Silaya v. Holder, 524 F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
11-70553 2

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