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Edgardo Gamez Alberto v. William Barr, 19-70099 (2019)

Court: Court of Appeals for the Ninth Circuit Number: 19-70099 Visitors: 11
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Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 18 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT EDGARDO GAMEZ ALBERTO, No. 19-70099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
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                              NOT FOR PUBLICATION                        FILED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

Source:  CourtListener

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