NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 13 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN LOPEZ SAUCEDO, No. 15-72107
Petitioner, Agency No. A091-495-146
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 10, 2018**
Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.
Juan Lopez Saucedo, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
removal and relief under the Convention Against Torture (“CAT”). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Cerezo v.
Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), except to the extent that deference
is owed to the BIA’s determination of the governing statutes and regulations,
Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We review for
substantial evidence the agency’s factual findings. Zetino v. Holder, 622 F.3d
1007, 1012 (9th Cir. 2010). We deny the petition for review.
The agency did not err in finding that Saucedo failed to establish
membership in a cognizable social group. See Reyes v. Lynch, 842 F.3d 1125,
1131 (9th Cir. 2016) (“[To demonstrate membership in a particular social 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))). Thus, Saucedo’s withholding of removal claim
fails.
Substantial evidence supports the agency’s denial of CAT relief because
Saucedo failed to establish it is more likely than not he would be tortured by or
with the consent or acquiescence of the government of Mexico. See Aden v.
Holder, 589 F.3d 1040, 1047 (2009).
2 15-72107
PETITION FOR REVIEW DENIED.
3 15-72107