Evaristo De Leon-Lopez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EVARISTO DE LEON-LOPEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-70211
Agency No. A095-766-809
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.
Evaristo De Leon-Lopez, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for 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.
Substantial evidence supports the agency’s finding that Leon-Lopez did not
establish a clear probability of future persecution on account of a protected ground
if returned to Guatemala. 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 Leon-Lopez’s petition as to his
withholding of removal claim.
Substantial evidence also supports the agency’s denial of CAT relief because
Leon-Lopez failed to show it is more likely than not he will be tortured by or with
the consent or acquiescence of the Guatemalan government if returned to
Guatemala. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). Thus, we
deny Leon-Lopez’s petition as to his CAT claim.
PETITION FOR REVIEW DENIED.
13-70211 2

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