Adelmira Alejandra Castaneda-Gonzalez; v. MERRICK B. GARLAND, Attorney General

22-1088Court of Appeals for the Ninth Circuit25 sept. 2023

Texte intégral

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ADELMIRA ALEJANDRA
CASTANEDA-GONZALEZ; et al.,
Petitioners,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 22-1088
Agency Nos.
A206-801-415
A206-801-416
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 12, 2023**
Before: CANBY, CALLAHAN, and OWENS, Circuit Judges.
Adelmira Alejandra Castaneda-Gonzalez and her minor daughter, natives
and citizens of El Salvador, petition pro se for review of the Board of Immigration
Appeals’ order dismissing their appeal from an immigration judge’s decision
* 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
SEP 25 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-1088
denying their applications for asylum, withholding of removal, and protection
under the Convention Against Torture (“CAT”). We have jurisdiction under 8
U.S.C. § 1252. We review for substantial evidence the agency’s factual findings.
Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We deny the
petition for review.
Substantial evidence supports the agency’s determination that petitioners
failed to establish they were 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”). Thus,
petitioners’ asylum claim fails. Because they failed to establish any nexus at all,
petitioners also failed to satisfy the standard for withholding of removal. See
Barajas-Romero v. Lynch, 846 F.3d 351, 359-60 (9th Cir. 2017).
Substantial evidence also supports the agency’s denial of CAT protection
because petitioners failed to show it is more likely than not they will 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).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED.

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