NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARITZA AGUILUZ PELAGIO, ET AL.

Petitioner, 

 v. 

MERRICK B. GARLAND, Attorney 

General, 

Respondent.

No. 22-297

Agency Nos.

A206-915-213, A206-915-214, 

A206-915-215

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 13, 2023**

Pasadena, California

Before: WALLACH,*** CHRISTEN, and OWENS, Circuit Judges.

Petitioners Maritza Aguiluz Pelagio and her children, J.D.A.A. and Y.A.A.,

natives and citizens of Mexico, petition for review of the Board of Immigration 

* 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).

*** The Honorable Evan J. Wallach, United States Senior Circuit Judge 

for the Federal Circuit, sitting by designation.

FILED

DEC 18 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
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Appeals’ (BIA) order dismissing their appeal of an Immigration Judge’s (IJ) order 

denying their applications for asylum, withholding of removal, and protection

under the Convention Against Torture (CAT). Because the parties are familiar 

with the facts, we do not recount them here.

We have jurisdiction under 8 U.S.C. § 1252. Where, as here, the BIA adopts 

the IJ’s reasoning, we review both decisions. Garcia-Martinez v. Sessions, 886 

F.3d 1291, 1293 (9th Cir. 2018). We review legal conclusions de novo and factual 

findings for substantial evidence. Ruiz-Colmenares v. Garland, 25 F.4th 742, 748 

(9th Cir. 2022). We deny the petition.

1. Substantial evidence supports the BIA’s determination that Petitioners

did not demonstrate a nexus between their feared harm and a protected ground for 

their asylum and withholding of removal claims. Aguiluz Pelagio testified that the 

“only” reason intruders came to her home was because they wanted money, not 

because of her relationship to her husband’s uncle, L. Ascension Acuna. The IJ

found that Mr. Acuna’s brother has been able to remain in Mexico without being 

harmed, and the BIA affirmed this finding. Because the alleged persecutors were 

motivated by economic reasons and did not act on account of Petitioners’ family 

membership, the BIA correctly concluded that Petitioners had not established a 

nexus between their feared harm and their proposed particular social group. See

Rodriguez-Zuniga v. Garland, 69 F.4th 1012, 1020 (9th Cir. 2023) (explaining that 
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precedent precludes relief when persecution is “solely on account of an economic 

motive” (quoting Baballah v. Ashcroft, 367 F.3d 1067, 1075 n.7 (9th Cir. 2004))); 

see also 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.”). Because “lack of a nexus 

to a protected ground is dispositive of [Petitioners’] asylum and withholding of 

removal claims,” Riera-Riera v. Lynch, 841 F.3d 1077, 1081 (9th Cir. 2016), we 

do not consider Petitioners’ other arguments.

2. Substantial evidence also supports the Agency’s denial of Petitioners’

CAT claim on the grounds that they failed to demonstrate a likelihood of torture if 

returned to Mexico. Petitioners’ claim that the Mexican government’s alleged 

inability to stop cartel violence “increases the possibility of” Petitioners facing 

torture fails to meet the required standard. See Delgado-Ortiz v. Holder, 600 F.3d 

1148, 1152 (9th Cir. 2010) (per curiam). Moreover, the IJ noted that Petitioners’ 

extended family, including Aguiluz Pelagio’s parents and her husband’s uncle, 

have been able to remain safely in Mexico notwithstanding the dangers from 

criminal elements. Accordingly, the Agency correctly concluded that Petitioners 

failed to carry their burden of proof on their CAT claim.

The stay of removal remains in place until the mandate issues.

PETITION DENIED.