Jose Baires v. Eric Holder, Jr.

MEMORANDUM

Daniel Antonio Penate Salguero, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir.2008), and we deny in part and dismiss in part the petition for review.

Even if Penate Salguero established an exception to excuse his untimely asylum application, substantial evidence supports the agency’s determination that he failed to establish past persecution or a fear of future persecution on account of a protected ground. See Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir.2004) (random criminal acts bore no nexus to a protected ground); Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir.2010) (“An alien’s desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a pro-^ tected ground.”); see also Parussimova v. Mukasey, 555 F.3d 734, 740…