SILVERIO ROMERO v. BARR (2019)

MEMORANDUM **

Manuel Ezequiel Silverio-Romero, 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”). 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 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, even if credible, Silverio-Romero failed to establish membership in a cognizable social group. See Reyes v. Lynch, 842 F.3d 1125, 1131 (9th Cir. 2016) (in order to demonstrate membership in a particular 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.’ ”) (citation omitted). Thus, Silverio-Romero’s asylum and withholding of removal claims fail.

Substantial evidence supports the agency’s denial of CAT relief because Silverio-Romero failed to show it is more likely than not that he would be tortured by or with the consent or acquiescence of the government of Mexico. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).

Silverio-Romero’s request to terminate proceedings, set forth in Docket Entry No. 29, is denied. See Karingithi v. Whitaker, 913 F.3d 1158, 1160-62 (9th Cir. 2019) (initial notice to appeal need not include time and date information to vest jurisdiction in the immigration court).

PETITION FOR REVIEW DENIED.