GOMEZ DE CHACON v. BARR (2020)

MEMORANDUM **

Karla P. Gomez De Chacon, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge's decision denying her 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 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.

Gomez De Chacon does not challenge the agency's dispositive determination that she did not establish membership in a cognizable social group. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party's opening brief are waived). Thus, we deny the petition for review as to Gomez De Chacon's asylum and withholding of removal claims.

Substantial evidence supports the agency's denial of CAT relief because Gomez De Chacon failed to show it is more likely than not 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).

Gomez De Chacon's request for a bond hearing (Docket Entry No. 21) is denied because this court does not adjudicate bond or custody status through a petition for review. See Leonardo v. Crawford, 646 F.3d 1157, 1160 (9th Cir. 2011) (eligible detainees may seek a bond hearing from an immigration judge, appeal to the Board of Immigration Appeals, and then seek review of the determination by filing a habeas corpus petition in district court). Gomez De Chacon's alternative request (Docket Entry No. 21) for transfer to a detention center in California is denied for similar reasons; Gomez De Chacon points to no legal authority for this court to entertain a transfer request on a petition for review.

The temporary stay of removal remains in place until issuance of the mandate. The motion for a stay of removal (Docket Entry No. 1) is otherwise denied.

PETITION FOR REVIEW DENIED.