NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 21 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RONALD LOPEZ-GARCIA, AKA Alex No. 17-71216
Garcia, AKA Reynaldolpe Garcia, AKA
Ronald Garcia, AKA Ronaldo Garcia-Lopez, Agency No. A206-411-917
AKA Alejandro Francisco Lopez, AKA
Ronald Rednaldo Lopezgarcia,
MEMORANDUM*
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 19, 2022**
Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.
Ronald Lopez-Garcia, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
*
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).
from an immigration judge’s decision denying his application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
We have jurisdiction under 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 the petition for review.
Lopez-Garcia does not challenge the agency’s dispositive determination that
his asylum application was time-barred and that he did not establish changed or
extraordinary circumstances to excuse the untimely filing. See Lopez-Vasquez v.
Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and
argued in a party’s opening brief are waived). Thus, we deny the petition for
review as to Lopez-Garcia’s asylum claim.
The BIA did not err in concluding that Lopez-Garcia failed to establish
membership in a cognizable particular social group. See Reyes v. Lynch, 842 F.3d
1125, 1131 (9th Cir. 2016) (in order 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
2 17-71216
Matter of M-E-V-G-, 26 I. & N. Dec. 227, 237 (BIA 2014))). Substantial evidence
supports the agency’s determination that Lopez-Garcia otherwise failed to establish
he was or would be persecuted on account of a protected ground. See Zetino v.
Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (an applicant’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”). Thus, Lopez-Garcia’s withholding of
removal claim fails.
Substantial evidence also supports the agency’s denial of CAT relief because
Lopez-Garcia failed to show it is more likely than not he will be tortured by or
with the consent or acquiescence of the government if returned to El Salvador. See
Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009); see also Garcia-Milian v.
Holder, 755 F.3d 1026, 1033-35 (9th Cir. 2014) (concluding that petitioner did not
establish the necessary “state action” for CAT relief).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.
3 17-71216