Case Information
*1 Before: PAEZ, BEA, and MURGUIA, Circuit Judges.
Manuel Morales-Gusca, a native and citizen of Mexico, petitions for review of the Board of Immigrations Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal *2 and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review questions of law de novo, Cerezo v. Mukasey , 512 F.3d 1163, 1166 (9th Cir. 2008), except to the extent that deference is owed to the BIA’s determination of the governing statutes and regulations, Simeonov v. Ashcroft , 371 F.3d 532, 535 (9th Cir. 2004). We review for substantial evidence the agency’s factual findings. Silaya v. Mukasey , 524 F.3d 1066, 1070 (9th Cir. 2008). We deny the petition for review.
The agency did not err in finding Morales-Gusca failed to establish membership in a cognizable social group. See Ramirez-Munoz v. Lynch , 816 F.3d 1226, 1228-29 (9th Cir. 2016); see also Zetino v. Holder , 622 F.3d 1007, 1016 (9th Cir. 2010) (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, we deny the petition as to his withholding of removal claim.
Further, substantial evidence supports the agency’s denial of Morales- Gusca’s CAT claim because he did not demonstrate it is more likely than not he would be tortured by the Mexican government, or with its consent or acquiescence. See Silaya , 524 F.3d at 1073.
PETITION FOR REVIEW DENIED.
2 13-73899
[*] 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).