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Perez-Escobedo v. Garland

United States Court of Appeals, Ninth Circuit
Oct 27, 2022
No. 18-72913 (9th Cir. Oct. 27, 2022)

Opinion

18-72913

10-27-2022

JOSE LUIS PEREZ-ESCOBEDO, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.


NOT FOR PUBLICATION

Submitted October 17, 2022 Portland, Oregon

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A205-721-213

Before: PAEZ and BADE, Circuit Judges, and R. COLLINS, District Judge.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

MEMORANDUM

Jose Perez-Escobedo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals's ("BIA") dismissal of his appeal of an immigration judge's ("IJ") denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252. We review the agency's "legal conclusions de novo and its factual findings for substantial evidence." Bringas-Rodriguez v. Sessions, 850 F.3d 1051, 1059 (9th Cir. 2017) (en banc) (citations omitted). We deny the petition for review.

1. The BIA did not err in affirming the IJ's denial of asylum and withholding of removal. The BIA correctly determined that Perez-Escobedo's proposed particular social groups are not cognizable. We have previously rejected the proposed group of "Americanized Mexicans" who will be perceived as wealthy, Ramirez-Munoz v. Lynch, 816 F.3d 1226, 1229 (9th Cir. 2016), and the group "returning Mexicans from the United States," Delgado-Ortiz v. Holder, 600 F.3d 1148, 1151-52 (9th Cir. 2010) (per curiam). Perez-Escobedo's proposed particular social groups, "Americanized Mexicans" and "deportees with no family ties to Mexico," similarly lack sufficient particularity and, thus, are not cognizable.

Additionally, even if the proposed social groups were cognizable, substantial evidence supports the BIA's determination that Perez-Escobedo did not show the required nexus between the harm he suffered, the harm he fears, and his membership in a particular social group. See Barajas-Romero v. Lynch, 846 F.3d 351, 360 (9th Cir. 2017) (discussing nexus requirements for asylum and withholding of removal). Although he was robbed multiple times, substantial evidence supports the conclusion that Perez-Escobedo experienced harm due to the perpetrators' criminal and financial motives, not due to Perez-Escobedo's membership in a particular social group. Harm on account of "general crime and violence" does not establish a nexus to a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (stating that a petitioner'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").

2. Substantial evidence also supports the BIA's determination that the IJ properly denied relief under the CAT. An applicant for CAT relief must show that it "is more likely than not that he . . . would be tortured" if removed. 8 C.F.R. § 1208.16(c)(2). The record does not compel the conclusion that it is more likely than not that Perez-Escobedo would suffer harm rising to the level of torture if he returned to Mexico, see Flores-Vega v. Barr, 932 F.3d 878, 887 (9th Cir. 2019) (denying CAT relief because applicant failed to show "a greater risk to him than any other Mexican national deported from the United States"), or that the government, or a public official, would "acquiesce" in such torture, see Madrigal v. Holder, 716 F.3d 499, 509-10 (9th Cir. 2013).

Perez-Escobedo asserts that the IJ and the BIA failed to consider all the record evidence. We presume that the BIA reviewed all the evidence in the record, and Perez-Escobedo has not overcome that presumption. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir. 2006).

PETITION FOR REVIEW DENIED.

The Honorable Raner C. Collins, United States District Judge for the District of Arizona, sitting by designation.


Summaries of

Perez-Escobedo v. Garland

United States Court of Appeals, Ninth Circuit
Oct 27, 2022
No. 18-72913 (9th Cir. Oct. 27, 2022)
Case details for

Perez-Escobedo v. Garland

Case Details

Full title:JOSE LUIS PEREZ-ESCOBEDO, Petitioner, v. MERRICK B. GARLAND, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 27, 2022

Citations

No. 18-72913 (9th Cir. Oct. 27, 2022)