Oscar Rodriguez-Vazquez v. Loretta E. Lynch

Good Law
656 F. App'x 292
United States Court of Appeals for the Ninth CircuitAugust 3, 201614-72761California271 words

Opinion

Opinion

MEMORANDUM

Jose Carlos Zapata-Sustaita, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion for remand, Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir. 2008). We deny the petition for review.

Zapata-Sustaita does not contest the BIA’s conclusion that any asylum claim would be time-barred. See Corro-Barragan v. Holder, 718 F.3d 1174 , 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted in waiver).

The BIA did not abuse its discretion in concluding that Zapata-Sustaita failed to demonstrate prima facie eligibility for withholding of removal because he did not establish a nexus between the persecution he fears and a statutorily .protected ground. See Parussimova v. Mukasey, 555 F.3d 734, 741 (9th Cir. 2009); 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 protected ground.”).

Finally, the BIA…

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