Armando De Jesus Rubio-Rauda v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARMANDO DE JESUS RUBIO-RAUDA,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 17-70911
Agency No. A027-404-577
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 10, 2018**
Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.
Armando De Jesus Rubio-Rauda, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing his appeal from an immigration judge’s (“IJ”) decision denying his
application for withholding of removal and relief 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
JUL 13 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-70911
Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for
substantial evidence the agency’s factual findings. Zetino v. Holder, 622 F.3d
1007, 1012 (9th Cir. 2010). We deny the petition for review.
Substantial evidence supports the agency’s determination that Rubio-Rauda
failed to establish that the harm he experienced or fears in El Salvador was or
would be on account of a protected ground. See id. at 1016 (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”). The BIA did not err by
declining to consider the proposed social group Rubio-Rauda raised for the first
time on appeal. See Matter of J–Y–C–, 24 I. & N. Dec. 260, 261 n.1 (BIA
2007) (issues not raised to the IJ are not properly before the BIA on appeal). Thus,
Rubio-Rauda’s withholding of removal claim fails.
Substantial evidence supports the agency’s denial of CAT relief because
Rubio-Rauda failed to establish it is more likely than not he would be tortured by
or with the consent or acquiescence of the government of El Salvador. See Aden v.
Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.

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