Case Information
*1 Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges.
Fidadelfo Ceferino Calderon-Carillo, a native and citizen of Guatemala, petitions for review of an immigration judge’s (“IJ”) determination under 8 C.F.R. § 1208.31(a) that he did not have a reasonable fear of persecution or torture and thus is not entitled to relief from his reinstated removal order. We have *2 jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the IJ’s factual findings, Andrade-Garcia v. Lynch , 828 F.3d 829, 833 (9th Cir. 2016), and we deny the petition for review.
Substantial evidence supports the IJ’s conclusion that Calderon-Carillo failed to establish a reasonable possibility of future persecution in Guatemala 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.”).
Substantial evidence also supports the IJ’s conclusion that Calderon-Carillo failed to demonstrate a reasonable possibility of torture by or with the consent or acquiescence of the Guatemalan government. See Andrade-Garcia , 828 F.3d at 836-37.
We do not consider the materials Calderon-Carillo references for the first time in his opening brief that are not part of the administrative record. See Fisher v. INS , 79 F.3d 955, 963 (9th Cir. 1996) (en banc) (court’s review is limited to “the administrative record upon which the [removal] order is based”) (internal quotation and citation omitted).
PETITION FOR REVIEW DENIED.
2 15-73490
[*] 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).
