Mariano Cortez v. William Barr ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 12 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIANO CORTEZ, No. 19-71884
Petitioner, Agency No. A087-683-178
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Immigration Judge
Submitted May 6, 2020**
Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges.
Mariano Cortez, a native and citizen of El Salvador, petitions for review of
an immigration judge’s (“IJ”) determination under 8 C.F.R. § 1208.31(a) that he
did not have a reasonable fear of persecution or torture in El Salvador and thus is
not entitled to relief from his reinstated removal order. We have jurisdiction under
8 U.S.C. § 1252. We review for substantial evidence the IJ’s factual findings.
*
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).
Andrade-Garcia v. Lynch, 828 F.3d 829, 836 (9th Cir. 2016). We deny the petition
for review.
Substantial evidence supports the IJ’s determination that Cortez failed to
demonstrate a reasonable possibility of persecution 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.”).
Substantial evidence also supports the IJ’s determination that Cortez failed
to demonstrate a reasonable possibility of torture by or with the consent or
acquiescence of the government if returned to El Salvador. See Andrade-Garcia,
828 F.3d at 836-37.
Cortez’s motion for a stay of removal (Docket Entry No. 2) is denied as
moot.
PETITION FOR REVIEW DENIED.
2 19-71884