RAUL FIGUEROA POSADAS, AKA Kenny W. Blouch v. LORETTA E. LYNCH, Attorney General

11-73698Court of Appeals for the Ninth CircuitAug 3, 2015

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAUL FIGUEROA POSADAS, AKA
Kenny W. Blouch,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 11-73698
Agency No. A201-157-085
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 21, 2015**
Before: CANBY, BEA, and MURGUIA, Circuit Judges.
Raul Figueroa Posadas, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
FILED
AUG 03 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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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.
The record does not compel the conclusion that Posadas established changed
circumstances to excuse his untimely asylum application. See 8 C.F.R. §
1208.4(a)(4); see also Ramadan v. Gonzalez, 479 F.3d 646, 656-58 (9th Cir. 2007)
(per curiam). Thus, we deny Posadas’ petition as to his asylum claim.
Substantial evidence supports the agency’s finding that Posadas did not
establish it is more likely than not he will be persecuted on account of a protected
ground if returned to El Salvador. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th
Cir. 2010) (petitioner’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”); see also Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir. 2009) (the
REAL ID Act “requires that a protected ground represent ‘one central reason’ for
an asylum applicant’s persecution”). Thus, we deny the petition as to Posadas’
withholding of removal claim.
Substantial evidence also supports the agency’s denial of CAT relief because
Posadas failed to show it is more likely than not he will be tortured by or with the
consent or acquiescence of the Salvadoran government if returned to El Salvador.
11-73698 2

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See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). Thus, we deny the
petition as to Posadas’ CAT claim.
Finally, in light of respondent’s opposition, we deny Posadas’ motion for an
extension of time to notify the court of a possible procedural resolution.
PETITION FOR REVIEW DENIED.
11-73698 3

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