Noe Arenas-Rosas v. Robert Wilkinson ( 2021 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 19 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
NOE ARENAS-ROSAS, AKA Noe Rosas, No. 14-72937
Petitioner, Agency No. A077-152-343
v.
MEMORANDUM*
ROBERT M. WILKINSON, Acting
Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 17, 2021**
Before: GRABER, FRIEDLAND, and BENNETT, Circuit Judges.
Noe Arenas-Rosas, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for withholding of removal
and protection under the Convention Against Torture (“CAT”).
*
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).
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184–
85 (9th Cir. 2006), and deny the petition for review.
Substantial evidence supports the agency’s conclusion that Arenas-Rosas
failed to establish that he would be persecuted 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, his withholding of
removal claim fails.
Substantial evidence also supports the agency’s denial of CAT protection
because Arenas-Rosas 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 Mexico.
See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009) (stating standard).
PETITION FOR REVIEW DENIED.
2 14-72937