NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

EDVIN ANDRADE

- RAMIREZ,

Petitioner,

v. MERRICK B. GARLAND, Attorney General, Respondent. No. 18

- 70615 Agency No. A070

- 125

- 318

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 14, 2023 * *
Before: SILVERMAN, SUNG, and SANCHEZ, Circuit Judges. Edvin Andrade

- Ramirez , a native and citizen of Guatemala , petitions for review of the Board of Immigration Appeals’ (“BIA” ) order dismissing his appeal from an immigration judge’s decision denying his applications for withholding of removal and protection under the Convention Against Torture (“CAT”). Our

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

MAR 17 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 18

- 70615

jurisdiction is gove rned by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Conde Quevedo v. Barr , 947 F.3d 1238, 1241 (9th Cir. 2020). We review de novo questions of law. Mohammed v. Gonzales , 400 F.3d 785, 791

- 92 (9th Cir. 2005). We d eny in part and dismiss in part the petition for review. Substantial evidence supports the agency’s determination that Andrade

Ramirez failed to establish he was or would be persecuted on account of his membership in the proposed particular social group of “a member of his family who has been targeted by sicarios on account of this membership.” See INS v. Elias

- Zacarias , 502 U.S. 478, 483 (1992) (an applicant “must provide some evidence of [motive], direct or circumstantial”); see also 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”). To the extent Andrade

- Ramirez rai ses particular social groups in his opening brief that differ from the group considered by the agency, we lack jurisdiction to consider them. See Barron v. Ashcroft , 358 F.3d 674, 677

- 78 (9th Cir. 2004) (court lacks jurisdiction to review claims not prese nted to the agency)

. Because Andrade

- Ramirez does not challenge the agency’s determination s that he failed to establish persecut ion on account of his status as an indigenous Guatemalan, his nationality, or his religion, we do not address them

.3 18

- 70615

See Lopez

- Vasquez v. Holder , 706 F.3d 1072, 1079

- 80 (9th Cir. 2013). Thus, Andrade

- Ramirez’ s withholding of removal claim fails. Substantial evidence also supports the agency’s denial of CAT protection because Andrade

- Ramirez failed to show it is more likely than not he will be tortured by or with the consent or acquiescence of the government if returned to Guatemala

. See Aden v. Holder , 589 F.3d 1040, 1047 (9th Cir. 2009)

. Andrade

Ramirez’ s contentions that the agency failed to consider appropriate factors and evidence in its CAT analysis fail. See Najmabadi v. Holder , 597 F.3d 983, 990 (9th Cir. 2010) (the BIA need not write an exegesis on every contention) ; Fernandez v. Gonzales , 439 F.3d 592, 603 (9th Cir. 2006) (petitioner did not overcome the presumpti on that the BIA reviewed the record)

. The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.