Jose Guardado v. Eric Holder, Jr.

MEMORANDUM

Jose Rene Guardado, 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 decision denying his application for withholding of removal and protection 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. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s determination that Guardado did not establish a probability of persecution on account of a protected ground from anyone if returned to El Salvador. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir.2010) (“[a]n alien’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”); Molina-Estrada v. INS, 293 F.3d 1089, 1095-96 (9th Cir.2002) (insufficient evidence to establish likelihood of future persecution). We lack jurisdiction to review Guardado’s imputed political opinion claim because he failed to raise it to the BIA.…