
    Jose Rene GUARDADO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 12-70593.
    United States Court of Appeals, Ninth Circuit.
    Submitted Jan. 21, 2015.
    
    Filed Jan. 28, 2015.
    Andres Z. Bustamante, Law Offices of Andres Z. Bustamante, Los Angeles, CA, for Petitioner.
    Catherine B. Bye, Trial, OIL, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Jose Rene Guardado, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). 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). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s determination that Guardado did not establish a probability of persecution on account of a protected ground from anyone if returned to El Salvador. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir.2010) (“[a]n 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”); Molina-Estrada v. INS, 293 F.3d 1089, 1095-96 (9th Cir.2002) (insufficient evidence to establish likelihood of future persecution). We lack jurisdiction to review Guardado’s imputed political opinion claim because he failed to raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004). Thus, his withholding of removal claim fails.

Substantial evidence also supports the BIA’s denial of CAT relief because Guar-dado failed to establish it is more likely than not he would be tortured at the instigation of or with the acquiescence of the government if returned to El Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1078 (9th Cir.2008).

This dismissal is without prejudice to petitioner’s seeking prosecutorial discretion or deferred action from the Department of Homeland Security. See Reno v. American-Arab Anti-Discrimination Committee (AADC), 525 U.S. 471, 488-85, 119 S.Ct. 936, 142 L.Ed.2d 940 (1999) (stating that prosecutorial discretion by the agency can be granted at any stage, including after the conclusion of judicial review).

PETITION FOR REVIEW DENIED in part; DISMISSED in part. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     