19-71556•Cecilia Beatriz Morales-Flores; v. ROBERT M. WILKINSON, Acting Attorney General
19-71556Court of Appeals for the Ninth Circuit27 de jan. de 2021
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CECILIA BEATRIZ MORALES-FLORES;
et al.,
Petitioners,
v.
ROBERT M. WILKINSON, Acting
Attorney General,
Respondent.
No. 19-71556
Agency Nos. A208-171-158
A208-171-159
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2021**
Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.
Cecilia Morales-Flores and her minor daughter, natives and citizens of El
Salvador, petition for review of the Board of Immigration Appeals’ order
dismissing their appeal from an immigration judge’s decision denying their
applications for asylum, withholding of removal, and relief under the Convention
* 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
JAN 27 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We
review for substantial evidence the agency’s factual findings. Garcia-Milian v.
Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). 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 Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if
membership in a particular social group is established, an applicant must still show
that “persecution was or will be on account of his membership in such group”); see
also 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
and withholding of removal claims fail.
Substantial evidence also supports the agency’s denial of CAT relief because
Morales-Flores failed to show it is more likely than not she 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).
As stated in the court’s October 25, 2019 order, the temporary stay of
removal remains in place until issuance of the mandate.
PETITION FOR REVIEW DENIED.
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