NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 11 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA MAGDALENA FUENTES No. 18-73434
REYES,
Agency No. A206-695-229
Petitioner,
v. MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted March 24, 2020
San Francisco, California
Before: GOULD, CHRISTEN, and BRESS, Circuit Judges.
Concurrence by Judge BRESS
Maria Magdalena Fuentes Reyes (“Fuentes”) petitions for review from the
decision of the Board of Immigration Appeals (“BIA”) dismissing her appeal of
the Immigration Judge’s (“IJ”) decision denying her claims for asylum,
withholding of removal, and protection under the Convention Against Torture
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
Where the BIA conducts its own review of the evidence and law rather than
adopting the IJ’s decision, our review is limited to the BIA’s decision. Hosseini v.
Gonzales, 471 F.3d 953, 957 (9th Cir. 2006). With respect to Fuentes’ asylum and
withholding claims, we review only the BIA’s decision. Where the BIA adopts the
IJ’s decision and provides additional reasoning, we review both decisions. Ling
Huang v. Holder, 744 F.3d 1149, 1152 (9th Cir. 2014). With respect to Fuentes’
CAT claim, we review both the BIA and the IJ decisions. Reviewing questions of
law de novo and factual findings for substantial evidence, Bringas-Rodriguez v.
Sessions, 850 F.3d 1051, 1059 (9th Cir. 2017) (en banc), we grant in part and deny
in part the petition for review.
Fuentes is a native and citizen of El Salvador. In El Salvador, she lived with
her partner William Benjamin Membreno. Membreno physically and emotionally
abused Fuentes, including one occasion in which he brandished a gun at her. After
she escaped Membreno’s abuse and unlawfully entered the United States, Fuentes
sought asylum and withholding of removal based on her membership in the
particular social group of “El Salvador women unable to leave a domestic
relationship.”
The BIA did not analyze Fuentes’ proposed social group. Instead, the BIA
summarily concluded that “[i]n light of Matter of A-B-, [27 I. & N. Dec. 316 (A.G.
2018)] . . . the respondent’s claimed particular social group is not cognizable.”
2
Matter of A-B- requires a “rigorous analysis . . . in determining asylum claims,
especially where victims of private violence claim persecution based on
membership in a particular social group.” 27 I. & N. Dec. at 340. Pursuant to our
opinion in Diaz-Reynoso v. Barr, No. 18-72833, __ F.3d __ (9th Cir. 2020), we
grant the petition for review in part and remand to the BIA for further
consideration of Fuentes’ asylum and withholding claims.
Substantial evidence supports the BIA’s decision that Fuentes is not eligible
for CAT protection. Fuentes has not shown that it is more likely than not that,
upon her return to El Salvador, she will be tortured by or with acquiescence from
public officials or others acting in an official capacity. 8 C.F.R. § 208.18(a)(1);
Singh v. Whitaker, 914 F.3d 654, 662–63 (9th Cir. 2019). We deny the petition for
review in part with respect to Fuentes’ CAT claim.
PETITION GRANTED IN PART AND DENIED IN PART.
3
FILED
Fuentes Reyes v. Barr, No. 18-73434
AUG 11 2020
Bress, Circuit Judge, concurring in the judgment: MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
For the reasons stated in my dissenting opinion in Diaz-Reynoso v. Barr, No.
18-72833, — F.3d — (9th Cir. 2020), I believe the petition for review in this case
also should be denied. But because Diaz-Reynoso is now circuit precedent, under
Diaz-Reynoso I am compelled to grant the petition in this case as to the asylum and
withholding of removal claims. I also agree that the petition should be denied as to
petitioner’s Convention Against Torture claim.