Nelson Armando Folgar v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NELSON ARMANDO FOLGAR,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 15-71072
Agency No. A094-290-134
MEMORANDUM*
On Petition for Review of an Order of the
Immigration Judge
Submitted August 7, 2019**
Before: THOMAS, Chief Judge, HAWKINS and McKEOWN, Circuit Judges.
Nelson Folgar, a native and citizen of Honduras, petitions for review of an
immigration judge’s (“IJ”) order affirming an asylum officer’s negative reasonable
fear determination. We have jurisdiction under 8 U.S.C. § 1252(a)(1), and we
deny the petition.
* 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).
FILED
AUG 26 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-71072
“We review the IJ’s determination that [Folgar] did not establish a
reasonable fear of persecution or torture for substantial evidence.” Bartolome v.
Sessions, 904 F.3d 803, 811 (9th Cir. 2018). Substantial evidence supports the IJ’s
conclusion that Folgar failed to establish that he was 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”);
see also Reyes v. Lynch, 842 F.3d 1125, 1131 (9th Cir. 2016) (in order to
demonstrate membership in a particular group, “[t]he applicant must ‘establish that
the group is (1) composed of members who share a common immutable
characteristic, (2) defined with particularity, and (3) socially distinct within the
society in question’” (quoting Matter of M-E-V-G-, 26 I. & N. Dec. 227, 237 (BIA
2014))). “Similarly, [Folgar] failed to provide any evidence that he would be or
was in danger of being tortured with the acquiescence of the government.”
Bartolome, 904 F.3d at 814.
PETITION FOR REVIEW DENIED.

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