United States v. 2020-07-10 | 14-73183 | CHRISTIAN GIRON-CASTRO V. WILLIAM BARR | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHRISTIAN ALONZO GIRON-CASTRO,
AKA Cristian Giron-Castro, AKA Cristian
Jiran-Castro,

Petitioner,

v.

WILLIAM P. BARR, Attorney General,

Respondent.

No. 14-73183

Agency No. A205-596-281

MEMORANDUM
*

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted July 6, 2020
**

Before: THOMAS, Chief Judge, HAWKINS and McKEOWN, Circuit Judges.

Christian Alonzo Giron-Castro, a native and citizen of El Salvador, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s (“IJ”) decision denying his application for

*
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

JUL 10 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 14-73183
withholding of removal and protection under the Convention Against Torture
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252, and we dismiss in part and
deny in part the petition.
We lack jurisdiction to consider Giron-Castro’s contentions regarding
political opinion and asylum because he did not raise them before the agency. See
Barron v. Ashcroft, 358 F.3d 674, 677–78 (9th Cir. 2004). We reject Giron-
Castro’s challenge to the BIA’s streamlining procedures because the BIA’s final
order was not a streamlined decision.
Substantial evidence supports the agency’s conclusion that Giron-Castro
failed to establish that he would be persecuted on account of a protected ground.
See Zehatye v. Gonzales, 453 F.3d 1182, 1184–85 (9th Cir. 2006) (reviewing for
substantial evidence); Reyes v. Lynch, 842 F.3d 1125, 1131 (9th Cir. 2016) (to
demonstrate social group membership, “[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)));
see also Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (“An alien’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, Giron-Castro’s
withholding claim fails.

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Substantial evidence supports the agency’s denial of CAT protection
because Giron-Castro failed to show he will more likely than not be tortured by or
with the consent or acquiescence of the government if returned to El Salvador. See
Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
PETITION DISMISSED in part and DENIED in part.