NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 21 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BLANCA EDUVINA ESTRADA- No. 19-72754
CONTRERAS; DAYANA ELISA
CANIZALEZ-ESTRADA, Agency Nos. A208-984-665
A208-984-669
Petitioners,
v. MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 19, 2021**
Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.
Blanca Eduvina Estrada-Contreras and her daughter, Dayana Elisa
Canizalez-Estrada, natives and citizens of El Salvador, petition pro se for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an
*
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).
immigration judge’s (“IJ”) decision denying their application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
Our jurisdiction is 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 petitioners’ proposed particular
social group is not cognizable. 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 Matter of M-E-V-G-, 26 I. & N.
Dec. 227, 237 (BIA 2014))). Petitioners’ contention that the agency erred in its
legal analysis or ignored evidence fails. See Najmabadi v. Holder, 597 F.3d 983,
990 (9th Cir. 2010) (the agency adequately considered evidence and sufficiently
announced its decision); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000)
(requiring error to prevail on a due process claim); see also Jiang v. Holder, 754
F.3d 733, 738 (9th Cir. 2014) (reviewing de novo claims of due process violations
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in immigration proceedings). Thus, petitioners’ claim for asylum and withholding
of removal fail.
Substantial evidence supports the agency’s denial of CAT relief because
Estrada-Contreras failed to show it is more likely than not that she 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
Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too
speculative).
We lack jurisdiction to consider petitioners’ contention that the IJ failed to
advise Canizalez-Estrada of her potential eligibility for Special Immigrant Juvenile
status. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks
jurisdiction to review claims not presented to the agency).
The stay of removal remains in place until issuance of the mandate.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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