Opinion
No. 16-70951
08-22-2019
RUBEN GUZMAN BERNABE, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A205-712-831 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: THOMAS, Chief Judge, HAWKINS and McKEOWN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Ruben Guzman Bernabe, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing Guzman Bernabe's appeal from an immigration judge's ("IJ") decision denying Guzman Bernabe's application for withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252(a)(1), and we deny the petition.
We review de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), and we review for substantial evidence the agency's factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006).
The BIA did not err in finding that Guzman Bernabe did not establish membership in a cognizable social group. See Reyes v. Lynch, 842 F.3d 1125, 1131 (9th Cir. 2016) (in order to demonstrate membership in a particular group, "[t]he applicant must 'establish that the group is (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question'" (quoting Matter of M-E-V-G-, 26 I. & N. Dec. 227, 237 (BIA 2014))); see also Barbosa v. Barr, 919 F.3d 1169, 1175 (9th Cir. 2019) (applying case law in which similar social groups were proposed and finding that individuals returning to Mexico from the United States who are believed to be wealthy does not constitute a particular social group). Thus, Guzman Bernabe's withholding of removal claim fails.
PETITION FOR REVIEW DENIED.