NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
SERGIO ISRAEL ALVEAR

- MARTINEZ, AKA Sergio Alvear

- Martinez,

Petitioner,

v. WILLIAM P. BARR , Attorney General,

Respondent. No. 17

- 73199 Agency No. A208

- 411

- 837

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 19, 2019 **
Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges. Sergio Israel Alvear

- Martinez , 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 (“IJ”) decision denying his application for asylum, withholding of removal , and relie f under the Convention Against Torture (“CAT”).

* 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

FEB 21 2019 MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 17

- 73199

Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales , 453 F.3d 1182, 1184

- 85 (9th Cir. 2006), and review de novo claims of d ue process violations in immigration proceedings, Jiang v. Holder , 754 F.3d 733, 738 (9th Cir. 2014 ). We dismiss in part and deny in part the petition for review. We lack jurisdiction to consider Alvear

- Martinez’s contention that the IJ violated his due process rights because he failed to raise the claim to the BIA. See Barron v. Ashcroft , 358 F.3d 674, 677

- 78 (9th Cir. 2004). We also lack jurisdiction to consider Alvear

- Martinez’s contentions regardin g particular social groups and political opinion that he did not raise to the agency. See id. Alvear

- Martinez does not challenge the agency’ s dispositive conclusion that his asylum application was untimely , or raise any arguments challenging the agency’s denial of CAT relief

. See Lopez

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

- 80 (9th Cir. 2013) (issues not specifically raised and argue d in a party’s opening brief are waived ). Thus, we deny the petition as to Alvear

- Martinez ’s asylum and CAT claim s . Sub stantial evidence supports the agency’ s determination that Alvear

Martinez failed to establish that any harm he experienced or fears in Mexico was3 17

- 73199

or would be on account of a protected ground. See Zetino v. Holder , 622 F.3d 1007, 1016 (9th Cir. 2010) (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”); Molina

- Morales v. INS , 237 F.3d 1048, 1052 (9th Cir. 2001) (harm based on personal retribution is not persecution on account of a protected ground). Thus, we deny the petition as to Alvear

- Martinez’s withholding of removal claim.
W e reject Alvear

- Martinez’s conten tion that the BIA violated his due process rights. See Lata v. INS , 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim). Finally, Alvear

- Martinez’s motion to remand, set forth in his opening brief, and motion to supplement the administrative record , Docket Entry No. 21 , are denied

. See Fisher v. INS , 79 F. 3d 955, 963

- 64 (9th Cir. 1996) (en banc) (court’s review is limited to the administrative record).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.