Clemente Gabriel Lopez-Mejia v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CLEMENTE GABRIEL LOPEZ-MEJIA,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 23-601
Agency No.
A209-117-825
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 12, 2023**
Before: WALLACE, LEE, and BUMATAY, Circuit Judges.
Clemente Gabriel Lopez-Mejia, a native and citizen of Guatemala, petitions
pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing
his appeal from an immigration judge’s decision denying his applications for
asylum, withholding of removal, and protection under the Convention Against
* 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
DEC 18 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 3 --

2 23-601
Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for
substantial evidence the BIA’s factual findings. Conde Quevedo v. Barr, 947 F.3d
1238, 1241 (9th Cir. 2020). We deny the petition for review.
Substantial evidence supports the BIA’s determination that Lopez-Mejia
failed to establish he was or would be persecuted on account of a protected ground.
See Garcia v. Wilkinson, 988 F.3d 1136, 1143 (9th Cir. 2021) (“The applicant must
demonstrate a nexus between her past or feared harm and a protected ground.”
(citation omitted)); see also INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (an
applicant “must provide some evidence of [motive], direct or circumstantial”).
Thus, his asylum claim fails. Because Lopez-Mejia failed to establish any nexus at
all, he also failed to satisfy the standard for withholding of removal. See Barajas-
Romero v. Lynch, 846 F.3d 351, 359-60 (9th Cir. 2017).
In light of this disposition, we need not reach Lopez-Mejia’s remaining
contentions regarding the cognizability of his proposed particular social group.
See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies
are not required to decide issues unnecessary to the results they reach).
Substantial evidence also supports the BIA’s denial of CAT protection
because petitioner failed to show it is more likely than not he will be tortured by or
with the consent or acquiescence of the government if returned to Guatemala. See
Garcia-Milian v. Holder, 755 F.3d 1026, 1033 (9th Cir. 2014) (“torture must be

-- 2 of 3 --

3 23-601
‘inflicted by or at the instigation of or with the consent or acquiescence of a public
official or other person acting in an official capacity’” (internal citation omitted)).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED.

-- 3 of 3 --