NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ERICK FRANCISCO MENJIVAR

HERNANDEZ,

Petitioner,

v.

MERRICK B. GARLAND, Attorney

General,

Respondent. No. 20

- 72407

Agency No. A206

- 834

- 315

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 7, 2023 * *

San Francisco, California

Before: BYBEE and BUMATAY, Circuit Judges, and BENNETT, ** * District

Judge.

Erick Menjivar

- Hernandez, a native and citizen of El Salvador, petitions for

* 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 Richard D. Bennett, United States District Judge for

the District of Maryland, sitting by designation. 

# FILED

FEB 10 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2

review of the Board of Immigration’s ( “ BIA ” ) denial of his petition for withholding

of removal. 1 We have jurisdiction under 8 U.S.C. § 1252(a)(1), and we deny the

petition.

To show eligibility for withholding of removal, an applicant bears the burden

of proving that his “life or freedom would be threatened in th [e] country [ of

removal ] because of the alien’s race, religion, nationality, membership in a particular

social group, o r political opinion.” 8 U.S.C. § 1231(b)(3)(A)

. “ To succeed, an

applicant must show a ‘ clear probability ’ of persecution because of a protected

ground. ” Garcia v. Wilkinson

, 988 F.3d 1136, 1146 ( 9th Cir. 2021) (quoting INS v.

Stevic

, 467 U.S. 407, 429

– 30 (1984))

.

The BIA determined that Menjivar

- Hernandez failed to show a nexus between

persecution and a statutorily protected ground. The BIA concluded that the gang

members who targeted Menjivar

- Hernandez were motivated by a desire to obtain

money from him

, not because of his actual or imputed political opinion or being a

male member of the Menjivar

- Hernandez family. Th e record does not compel a

contrary conclusion. For example, Menjivar

- Hernan dez’s asylum application states

that he was being extorted because the gang members believed he was wealthy

— not

because of his family membership or political opinion. Letters from his family

1 Menjivar

- Hernandez did not meaningfully contest his asylum and

Convention Against Torture (“ CAT ”) claims before the BIA and so we do not

add ress them.3

members likewise do not mention any extortion tied to his family membership or

political affiliation. Moreover, Menjivar

- Hernandez claims he will be targeted

because of his father’s political activity, but he admits that there is no evidence his

father wa s harmed by others. And there is no evidence that any other members of

his family were harmed. Accordingly, substantial evidence supports the BIA’s

denial of withholding of removal.

In light of this disposition, we do not reach Menjivar

- Hernandez’s remai ning

contentions regarding persecution

. See Simeonov v. Ashcroft

, 371 F.3d 532, 538 (9th

Cir. 2004) ( courts are not required to decide issues unnecessary to the results they

reach ).

PETITION DENIED.