Urbina-Martinez v. Bondi

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 20 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE AMILCAR URBINA-MARTINEZ, No. 25-1916 Agency No. Petitioner, A206-649-217 v. MEMORANDUM* PAMELA BONDI, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 15, 2025** Before: FRIEDLAND, MILLER, and SANCHEZ, Circuit Judges. Jose Amilcar Urbina-Martinez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against * 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). Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Arrey v. Barr, 916 F.3d 1149, 1157 (9th Cir. 2019). We deny the petition for review. Substantial evidence supports the agency’s determination that Urbina- Martinez failed to show he was or would be persecuted on account of a protected ground. See 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”). Thus, Urbina- Martinez’s asylum claim fails. Because Urbina-Martinez failed to show any nexus to a protected ground, he also failed to satisfy the standard for withholding of removal. See Barajas-Romero v. Lynch, 846 F.3d 351, 359-60 (9th Cir. 2017). Urbina-Martinez’s contentions regarding new particular social groups are not properly before the court because petitioner did not raise them before the BIA. See 8 U.S.C. § 1252(d)(1) (administrative remedies must be exhausted); see also Santos-Zacaria v. Garland, 598 U.S. 411, 417-19 (2023) (section 1252(d)(1) is not jurisdictional). Substantial evidence also supports the agency’s denial of CAT protection because Urbina-Martinez 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 El 2 25-1916 Salvador. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009). The temporary stay of removal remains in place until the mandate issues. The motion to stay removal is otherwise denied. PETITION FOR REVIEW DENIED. 3 25-1916