Kevin Hernandez-Delgadillo v. William Barr

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 29, 2020
• Docket: 16-72677
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 29 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

KEVIN ALBERTO HERNANDEZ- No. 16-72677 DELGADILLO, AKA Kevin Hernandez, AKA Kevin Alberto Hernandez, Agency No. A205-720-368

Petitioner, MEMORANDUM* v.

WILLIAM P. BARR, Attorney General,

Respondent.

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

Submitted October 26, 2020**

Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.

Kevin Alberto Hernandez-Delgadillo, a native and citizen of Mexico,

petitions for review of the Board of Immigration Appeals’ (“BIA”) order

dismissing his appeal from an immigration judge’s (“IJ”) decision denying his

application for withholding of removal and relief under the Convention Against

* 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). Torture (“CAT”). 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). We deny the petition for review.

Substantial evidence supports the agency’s determination that Hernandez-

Delgadillo failed to establish he was or would be persecuted 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”). Thus,

Hernandez-Delgadillo’s withholding of removal claim fails.

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

Hernandez-Delgadillo 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).

We do not address Hernandez-Delgadillo’s contentions as to the IJ’s adverse

credibility determination because the BIA did not reach that issue. See Santiago-

Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011) (review limited to the

grounds relied on by the BIA).

2 16-72677 As stated in the court’s October 4, 2016 order, the temporary stay of removal

remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.

3 16-72677