Filed: Dec. 18, 2019
Latest Update: Mar. 03, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 18 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT EDGARDO GAMEZ ALBERTO, No. 19-70099 Petitioner, Agency No. A208-268-047 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 11, 2019** Before: WALLACE, CANBY, and TASHIMA, Circuit Judges. Edgardo Gamez Alberto, a native and citizen of El Salvador, petitions for rev
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 18 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT EDGARDO GAMEZ ALBERTO, No. 19-70099 Petitioner, Agency No. A208-268-047 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 11, 2019** Before: WALLACE, CANBY, and TASHIMA, Circuit Judges. Edgardo Gamez Alberto, a native and citizen of El Salvador, petitions for revi..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 18 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
EDGARDO GAMEZ ALBERTO, No. 19-70099
Petitioner, Agency No. A208-268-047
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 11, 2019**
Before: WALLACE, CANBY, and TASHIMA, Circuit Judges.
Edgardo Gamez Alberto, a native and citizen of El Salvador, petitions 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 relief under the Convention Against Torture (“CAT”). We have
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
*
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).
agency’s factual findings, Garcia-Milian v. Holder,
755 F.3d 1026, 1031 (9th Cir.
2014), and we deny the petition for review.
Substantial evidence supports the agency’s determination that Gamez
Alberto failed to establish that the harm he experienced or fears in El Salvador was
or would be 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, Gamez Alberto’s asylum and withholding of
removal claims fail.
Substantial evidence also supports the agency’s denial of CAT relief because
Gamez Alberto failed to show 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
Aden v. Holder,
589 F.3d 1040, 1047 (9th Cir. 2009); see also
Garcia-Milian, 755
F.3d at 1033-35 (concluding that petitioner did not establish the necessary state
action for CAT relief).
In light of this disposition, we need not reach Gamez Alberto’s remaining
contentions. See Simeonov v. Ashcroft,
371 F.3d 532, 538 (9th Cir. 2004) (courts
and agencies are not required to decide issues unnecessary to the results they
reach).
PETITION FOR REVIEW DENIED.
2 19-70099