NAVARRETE MALDONADO AKA AKA v. SESSIONS III (2018)

MEMORANDUM **

Jose Guillermo Navarrete-Maldonado, a native and citizen of El Salvador, petitions for review of the Board of Immigrations Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have 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 determination 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. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We deny the petition for review.

The agency did not err in finding that Navarrete-Maldonado failed to establish membership in a cognizable social group due to his status as a returnee, see Reyes v. Lynch, 842 F.3d 1125, 1139-40 (9th Cir. 2016), or due to his fear of harm from gangs, see id. at 1131 (“[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) ) ). We reject Navarrete-Maldonado’s contentions that the agency otherwise erred in its analysis. Thus, Navarrete-Maldonado’s withholding of removal claim fails.

Substantial evidence also supports the agency’s denial of CAT relief because Navarrete-Maldonado failed to establish it is more likely than not he will be tortured with the consent or acquiescence of the government of El Salvador. Garcia-Milian v. Holder, 755 F.3d 1026, 1034-35 (9th Cir. 2014) (evidence did not compel conclusion that petitioner established the state action necessary for CAT relief).

PETITION FOR REVIEW DENIED.