Margarito Cuevas Landa v. Jefferson Sessions

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 13 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARGARITO CUEVAS LANDA, No. 16-71516
Petitioner, Agency No. A088-449-772
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 10, 2018**
Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.
Margarito Cuevas Landa, 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”). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, 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. Zehatye v. Gonzales, 453 F.3d
1182, 1184-85 (9th Cir. 2006). We deny the petition for review.
The agency did not err in finding that Cuevas Landa failed to establish
membership in a cognizable social group. See Ramirez-Munoz v. Lynch, 816 F.3d
1226, 1229 (9th Cir. 2016) (concluding that “imputed wealthy Americans”
returning to Mexico does not constitute a particular social group); 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). Thus, Cuevas
Landa’s withholding of removal claim fails.
Substantial evidence supports the agency’s denial of CAT relief because
Cuevas Landa failed to show it is more likely than not he will be tortured with the
consent or acquiescence of the government of Mexico. See Ramirez-Munoz, 816
F.3d at 1230.
2 16-71516
Cuevas Landa’s motion to refer his case to the mediation program is denied.
PETITION FOR REVIEW DENIED.
3 16-71516