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19-71728•Alejandro Perez Castillo v. MERRICK B. GARLAND, Attorney General
19-71728Court of Appeals for the Ninth CircuitMar 22, 2021
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALEJANDRO PEREZ CASTILLO,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 19-71728
Agency No. A200-156-356
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2021**
Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.
Alejandro Perez Castillo, 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 application for withholding of removal
and relief under the Convention Against Torture (“CAT”) and denying his motion
* 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).
FILED
MAR 22 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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to terminate proceedings. We have 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.
In his opening brief, Perez Castillo does not raise any challenge to the
agency’s determination that he did not suffer past persecution in Mexico. See
Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not
specifically raised and argued in a party’s opening brief are waived). Substantial
evidence supports the agency’s determination that Perez Castillo failed to establish
the harm he fears in Mexico 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, Perez Castillo’s
withholding of removal claim fails.
In his opening brief, Perez Castillo also does not raise any challenge to the
agency’s denial of CAT relief or the denial of his motion to terminate. See Lopez-
Vasquez, 706 F.3d at 1079-80.
As stated in the court’s September 9, 2019 order, the temporary stay of
removal remains in place until issuance of the mandate.
PETITION FOR REVIEW DENIED.
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