Jesus Soto-Rojas v. William Barr ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESUS SOTO-ROJAS, No. 15-73504
Petitioner, Agency No. A205-297-402
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 3, 2020**
Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.
Jesus Soto-Rojas, 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 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 questions of law,
*
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).
Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), except to the extent that
deference is owed to the BIA’s interpretation 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. Garcia-Milian v. Holder,
755 F.3d 1026, 1031 (9th Cir. 2014). We deny in part and dismiss in part the
petition for review.
The record does not compel the conclusion that Soto-Rojas established
changed or extraordinary circumstances to excuse his untimely asylum application.
See 8 C.F.R. § 208.4(a)(4)-(5). Thus, Soto-Rojas’ asylum claim fails.
The BIA did not err in finding that Soto-Rojas 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
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 “returning
Mexicans from the United States” did not constitute a particular social group).
Substantial evidence supports the agency’s determination that Soto-Rojas
otherwise failed to establish that he would be persecuted on account of a protected
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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, Soto-
Rojas’ withholding of removal claim fails.
We lack jurisdiction to consider Soto-Rojas’ contention as to political
opinion because he did not raise it to the BIA. See Barron v. Ashcroft, 358 F.3d
674, 677-78 (9th Cir. 2004) (petitioner must exhaust issues or claims in
administrative proceedings below).
Substantial evidence supports the agency’s denial of CAT relief because
Soto-Rojas failed to show that it is more likely than not 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 record does not support Soto-Rojas’ contentions that the agency failed
to consider all relevant evidence or otherwise erred in considering CAT relief.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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