Jorge Gregorio-Geronimo v. William Barr

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 11, 2020
• Docket: 19-70720
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 11 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

JORGE GREGORIO-GERONIMO; et al., No. 19-70720

Petitioners, Agency Nos. A208-125-115 A208-117-994 v. A208-117-995

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

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

Submitted March 3, 2020**

Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.

Jorge Gregorio-Geronimo and his family, natives and citizens of Guatemala,

petition for review of the Board of Immigration Appeals’ order dismissing their

appeal from an immigration judge’s decision denying their 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

* 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). the 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 petitioners

failed to establish that the harm they experienced or fear was or would be on

account of a protected ground. See Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir.

2011) (even if membership in a particular social group is established, an applicant

must still show that “persecution was or will be on account of his membership in

such group”); 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”); Barrios

v. Holder, 581 F.3d 849, 856 (9th Cir. 2009) (rejecting a political opinion claim

where petitioner did not present sufficient evidence of political or ideological

opposition to the gang’s ideals or that the gang imputed a particular political belief

to the petitioner). Thus, petitioners’ asylum and withholding of removal claims

fail.

Substantial evidence also supports the agency’s denial of CAT relief because

Gregorio-Geronimo failed to show it is more likely than not they will be tortured

by or with the consent or acquiescence of the government if returned to Guatemala.

See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).

PETITION FOR REVIEW DENIED.

2 19-70720