Salgado v. Whitaker, 120518 FED9, 12-73883

Docket Nº:12-73883, 13-72315
Party Name:EDUARDO DURAN SALGADO, Petitioner, v. MATTHEW G. WHITAKER, Acting Attorney General, Respondent.
Judge Panel:Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.
Case Date:December 05, 2018
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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EDUARDO DURAN SALGADO, Petitioner,

v.

MATTHEW G. WHITAKER, Acting Attorney General, Respondent.

Nos. 12-73883, 13-72315

United States Court of Appeals, Ninth Circuit

December 5, 2018

NOT FOR PUBLICATION

Submitted November 27, 2018 [**]

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A073-868-373

Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.

MEMORANDUM [*]

Eduardo Duran Salgado, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's ("IJ") decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT") (petition No. 12-73883), and of the BIA's order denying his motion to reconsider and motion to reopen removal proceedings (petition No. 13-72315). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings and we review for abuse of discretion the BIA's denial of motions to reconsider and reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). In petition No. 12-73883, we deny Salgado's petition as to his asylum and withholding of removal claims, and grant and remand his petition as to his CAT claim. In petition No. 13-72315, we dismiss.

In petition No. 12-73883, as to asylum, Salgado does not challenge the agency's dispositive finding that his asylum application is time-barred. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party's opening brief are waived). Thus, we deny the petition as to Salgado's asylum claim.

As to Salgado's fear of general conditions in Mexico, substantial evidence supports the agency's finding that he failed to establish a nexus to a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) ("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."). As to Salgado's fear of harm based on a particular social group, substantial evidence supports...

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