MONTEALEGRE v. GARLAND (2021)

MEMORANDUM **

Lilian M. Pineda Montealegre, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge's decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture.

We have jurisdiction under 8 U.S.C. § 1252. We review de novo the legal question of whether a particular social group is cognizable, except to the extent that deference is owed to the BIA's interpretation of the governing statutes and regulations. Conde Quevedo v. Barr, 947 F.3d 1238, 1241–42 (9th Cir. 2020). We review for substantial evidence the agency's factual findings. Id. at 1241. We deny the petition for review.

1. Pineda Montealegre does not challenge the agency's determinations that her application for asylum is time-barred or that she failed to establish eligibility for relief under the Convention Against Torture.

2. The BIA did not err in concluding that Pineda Montealegre 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)). In addition, substantial evidence supports the BIA's conclusion that Pineda Montealegre failed to establish that she would be persecuted on account of any protected 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, her claim for withholding of removal fails.

The temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.