NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 23 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE LUIS BARAJAS CRUZ, No. 19-71939
Petitioner, Agency No. A205-322-594
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
Jose Luis Barajas Cruz, a native and citizen of Mexico, 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 relief under the Convention Against Torture (“CAT”). Our jurisdiction is
*
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).
governed by 8 U.S.C. § 1252. We review de novo the legal question of whether a
particular social group is cognizable, except to the extent that deference is owed to
the BIA’s interpretation of the governing statutes and regulations. Conde Quevedo
v. Barr, 947 F.3d 1238, 1241-42 (9th Cir. 2020). We review for substantial
evidence the agency’s factual findings. Id. at 1241. We deny in part and dismiss
in part the petition for review.
The agency did not err in concluding that Barajas Cruz did not establish
membership in a cognizable particular social group. See Reyes v. Lynch, 842 F.3d
1125, 1131 (9th Cir. 2016) (to demonstrate membership in a particular social
group, an 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 Delgado-Ortiz v. Holder, 600 F.3d
1148, 1151-52 (9th Cir. 2010) (concluding the proposed social group “returning
Mexicans from the United States” lacked particularity).
To the extent Barajas Cruz proposes new formulations of his proposed
particular social group, we lack jurisdiction to consider them. See Barron v.
Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to review
claims not presented to the agency).
Substantial evidence supports the agency’s denial of CAT relief because
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Barajas Cruz failed to show it is more likely than not that he would be tortured by
or with the consent or acquiescence of the government if returned to Mexico. See
Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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