Juan Beltran-Delgado v. Eric Holder, Jr. , 546 F. App'x 708 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 02 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN CARLOS BELTRAN-DELGADO, No. 10-73235
Petitioner, Agency No. A088-736-238
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Juan Carlos Beltran-Delgado, a native and citizen of El Salvador, petitions
for review of the Board of Immigration Appeal (“BIA”) order dismissing his
appeal from an immigration judge’s decision denying his application for asylum,
withholding of removal, and protection under the Convention Against
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for
substantial evidence the BIA’s factual findings, Zehatye v. Gonzales, 453 F.3d
1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.
Beltran-Delgado was the victim of gang violence and robberies and fears
future harm by gang members in El Salvador. Substantial evidence supports the
BIA’s determination that Beltran-Delgado failed to show that the gang members
were or would be motivated by a protected ground. See Zetino v. Holder, 622 F.3d
1007, 1016 (9th Cir. 2010) (“An alien’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.”); see also Parussimova v. Mukasey, 555 F.3d 734, 740 (9th
Cir. 2009) (the REAL ID Act “requires that a protected ground represent ‘one
central reason’ for an asylum applicant’s persecution”). Accordingly, Beltran-
Delgado’s asylum and withholding of removal claims fail.
Substantial evidence also supports the BIA’s denial of CAT relief because
Beltran-Delgado did not establish he would be tortured by the government of El
Salvador or with its consent or acquiescence. See Silaya v. Mukasey, 524 F.3d
1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
2 10-73235