Roberto Alvarado-Aliman v. Eric Holder, Jr.

MEMORANDUM

Roberto Alvarado-Aliman, a native and citizen of Honduras, 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”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

Substantial evidence supports the BIA’s finding that Alvarado-Aliman failed to establish a nexus between the harm he suffered and fears and a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (petitioner must provide some evidence of motive, direct or circumstantial). In light of our conclusion, we need not reach Alvarado-Aliman’s challenge to the BIA’s finding regarding the cognizability of his proposed social group. Thus, Alvarado-Aliman’s withholding of removal claim fails.

Substantial evidence also supports the BIA’s conclusion that Alvarado-Aliman failed to establish it is more likely than not he would be tortured in…