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Cruz v. Barr

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 12, 2020
No. 19-71227 (9th Cir. Feb. 12, 2020)

Opinion

No. 19-71227

02-12-2020

EDGAR ELIAS CRUZ, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A099-825-316 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Edgar Elias Cruz, 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 applications 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 the agency's factual findings. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for review.

Substantial evidence supports the agency's determination that Elias Cruz failed to establish the harm he experienced or fears was or would be 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, Elias Cruz's asylum and withholding of removal claims fail. In light of this dispositive disposition, we need not reach Elias Cruz's contentions regarding his proposed social group. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to decide issues unnecessary to the results they reach).

Substantial evidence also supports the agency's denial of CAT relief because Elias Cruz 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); see also Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (generalized evidence of violence and crime in petitioner's home country was insufficient to meet standard for CAT relief).

Elias Cruz's motion for a stay of removal (Docket Entry No. 1) is denied as moot.

PETITION FOR REVIEW DENIED.


Summaries of

Cruz v. Barr

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 12, 2020
No. 19-71227 (9th Cir. Feb. 12, 2020)
Case details for

Cruz v. Barr

Case Details

Full title:EDGAR ELIAS CRUZ, Petitioner, v. WILLIAM P. BARR, Attorney General,…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Feb 12, 2020

Citations

No. 19-71227 (9th Cir. Feb. 12, 2020)