Santos Israel Carias-Baca v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SANTOS ISRAEL CARIAS-BACA,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 21-140
Agency No.
A201-747-406
MEMORANDUM*
On Petition for Review of an Order of the
Immigration Judge
Submitted November 14, 2023**
Before: SILVERMAN, WARDLAW, and TALLMAN, Circuit Judges.
Santos Israel Carias-Baca, a native and citizen of Honduras, 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 in
Honduras and is not entitled to relief from his reinstated removal order. We have
* 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
NOV 21 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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jurisdiction under 8 U.S.C. § 1252. We review an IJ’s negative reasonable fear
determination for substantial evidence. Andrade-Garcia v. Lynch, 828 F.3d 829,
833 (9th Cir. 2016). We deny the petition for review.
Substantial evidence supports the agency’s determination that Carias-Baca
failed to show a reasonable possibility that the harm he suffered or fears 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”).
Carias-Baca’s contentions regarding his proposed particular social group are
not properly before the court because he failed to raise the particular social group
before the IJ. See 8 U.S.C. § 1252(d)(1) (exhaustion of administrative remedies
required); see also Santos-Zacaria v. Garland, 598 U.S. 411, 417-19 (2023)
(section 1252(d)(1) is a non-jurisdictional claim-processing rule).
Substantial evidence supports the agency’s determination that Carias-Baca
failed to show a reasonable possibility of torture by or with the consent or
acquiescence of the government if returned to Honduras. See Andrade-Garcia,
828 F.3d at 836-37 (petitioner failed to demonstrate government acquiescence
sufficient to establish a reasonable possibility of future torture).
We do not consider the materials Carias-Baca references in his opening brief

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that are not part of the administrative record. See Fisher v. INS, 79 F.3d 955, 963-
64 (9th Cir. 1996) (en banc).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED.

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