NOT FOR PUBLICATION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

LUIS ALBERTO FIGUEROA RODRIGUEZ , P etitioner ,

v. WILLIAM BARR , Attorney General,

Respondent. No. 18

- 717 04 Agency No. A 045

- 123

- 742

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 4, 2020 ** Portland, Oregon
Before: FERNANDEZ and PAEZ, Circuit Judges, and BURGESS, * * * District Judge.

* 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 with out oral argument. See Fed. R. App. P. 34(a)(2).

* * * The Honorable Timothy M. Burgess, United States Chief District Judge for the District of Alaska, sitting by designation. 

# FILED

MAY 14 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 18

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Luis Alberto Figueroa Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismiss ing his appeal from the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and Convention Against Torture (“CAT”) relief. We have jurisdiction under 8 U.S.C. § 1252(a)(1)

. We deny the petition for review

. “We review denials of asylum, withholding of removal, and C AT relief for
substantial evidence

. ” Ling Huang v. Holder , 744 F.3d 1149, 1152 (9th Cir. 2014) (internal quotations omitted). “ In order to reverse the BIA, we must determine

‘ that the evidence not only supports [a contrary] conclusion, but compels it

— and also compels the further conclusion ’ that the petitioner me ets the requisite standard for obtaining relief. ” Garcia

- Milian v. Holder , 755 F.3d 1026, 1031 (9th Cir. 2014) (quoting I

. N

. S

. v. Elias

– Zacarias , 502 U.S. 478, 481 n. l (1992) ) (emphasis in original)

. Where the BIA has reviewed and incorporated portions of the IJ’s
decision as its own, “we treat the incorporated parts of the IJ ’ s decision as the
BIA’ s.” Molina

- Estrada v. I.N.S. , 293 F.3d 1089, 1093 (9th Cir. 2002)

. Figueroa seeks asylum because he fears persecution on account of his imputed membership in the proposed particular social grou p , “ Mexicans assumed to be involved in the theft of Pemex fuel by corrupt Mexican officials and cartels

. ” Figueroa left Mexico in March 20 16, approximately four months after he was3 18

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shot in the leg while standing outside his employer’s auto shop. The isolated incident occurred when unknown gunmen attacked a group of individuals in a restaurant next door to the auto shop and resulted in the m urder of five people. The
B IA determined that the shooting was related to revenge between two rival criminal groups and not because of Figueroa’s imputed membership in a particular social
group
. The BIA did not err in finding that Figueroa failed to establish membership in a cognizable particular social group. See Reyes v. Lynch , 842 F.3d 1125, 1131 ( 9th Cir. 2016) ( observing that, in order to demonstrate membership in a particular social group, “[t]he applicant must ‘establish that the gro up is (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinc t within the society in question

. ’” (quoting Matter of M

- E

- V

- G

- , 26 I. & N. Dec. 227, 237 (BIA 2014))). The BIA properly fo und that Figueroa’s proposed social group lacked distinction and was therefore not cognizable because the record contains no evidence that such persons are recognized as a particular social group that exists and is perceived as distinct with in Mexican soci ety

. See , e.g. , Henriquez

- Rivas v. Holder , 707 F.3d 1081, 1092

– 93 (9th Cir. 2013) (en banc)

. Substantial evidence supports the BIA’s determination
that Figueroa otherwise failed to demonstrate a nexus between the harm he experienced and a protected groun d. See Zetino v. Holder , 622 F.3d 1007, 10164 18

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(9th Cir. 2010) ( “A n [ 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

. ”). Accordingly, Figueroa has not met his burden of establishing eligibility for asylum or withholding of removal. Farah v. Ashcroft , 348 F.3d 1153, 1156 (9th Cir. 2003). Likewise, the BIA did not err in affirming the denial of CAT relief where Figueroa faile d to show that it was more likely than not that he would be tortured by or with the consent or acquiescence of the government if returned to Mexico. Substantial evidence supports the determination that the gunmen were not Mexican government officials or o ther persons acting in an official capacit y. For instance, Figueroa ’ s initial interview a nd news accounts of the shooting incident do not mention police uniforms and describe the gunmen arriving in private vehicles. The evidence does not compel the concl usion that the unknown assailants were Mexican government officials or other persons acting in an official capacity. Figueroa’s evidence of violence in Mexico is not particular to him and, therefore, is insufficient to meet the standard for CAT protection. See Delgado

- Ortiz v. Holder , 600 F.3d 1148, 1152 (9th Cir. 2010)

. Moreover , the record demonstrates Figueroa safely relocated within Mexico on two separate occasions to avoid ha rm. Finally, the record does not support Figueroa’s contention that the BIA failed to consider all relevant evidence or otherwise erred in considering relief. Thus, t he5 18

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BIA correctly concluded that Figueroa failed to establish eligibility for CAT relief. The p etition for r eview is DENIED

.