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Jose Corea v. William Barr, 17-70852 (2020)

Court: Court of Appeals for the Ninth Circuit Number: 17-70852 Visitors: 27
Filed: Feb. 07, 2020
Latest Update: Mar. 03, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 7 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE MARIO COREA, No. 17-70852 Petitioner, Agency No. A206-761-103 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 4, 2020** Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges. Jose Mario Corea, a native and citizen of Honduras, petitions for review of th
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                              NOT FOR PUBLICATION                        FILED
                    UNITED STATES COURT OF APPEALS                        FEB 7 2020
                                                                      MOLLY C. DWYER, CLERK
                                                                       U.S. COURT OF APPEALS
                              FOR THE NINTH CIRCUIT

JOSE MARIO COREA,                                No.   17-70852

                Petitioner,                      Agency No. A206-761-103

 v.
                                                 MEMORANDUM*
WILLIAM P. BARR, Attorney General,

                Respondent.

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

                              Submitted February 4, 2020**

Before:      FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.

      Jose Mario Corea, a native and citizen of Honduras, 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. Zehatye v. Gonzales, 
453 F.3d 1182
, 1184-85 (9th Cir.

2006). We deny the petition for review.

      Substantial evidence supports the agency’s determination that Corea failed

to establish that the harm he suffered or fears in Honduras 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, Corea’s asylum and withholding of removal claims fail.

      In light of this disposition, we do not reach Corea’s contentions regarding

the cognizability of his proposed social group. 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).

      In his opening brief, Corea does not challenge the agency’s denial of CAT

relief. See Lopez-Vasquez v. Holder, 
706 F.3d 1072
, 1079-80 (9th Cir. 2013)

(issues not specifically raised and argued in a party’s opening brief are waived).

Thus, we deny the petition for review as to Corea’s CAT claim.

      PETITION FOR REVIEW DENIED.




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Source:  CourtListener

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