FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MINH P. NGUYEN, No. 17-72197 Petitioner, Agency No. v. A045-849-861 WILLIAM P. BARR, Attorney General, Respondent. OPINION On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted October 19, 2020 Honolulu, Hawaii Filed December 21, 2020 Before: J. Clifford Wallace, Carlos T. Bea, and Mark J. Bennett, Circuit Judges. Opinion by Judge Wallace 2 NGUYEN V. BARR SUMMARY * Immigration Denying Minh Nguyen’s petition for review of the Board of Immigration Appeals’ denial of his applications for asylum and withholding of removal, the panel held that Nguyen waived review of the Board’s discretionary denial of asylum relief, and that the Board properly concluded that Nguyen’s proposed social group comprised of “known drug users” was not legally cognizable because it lacks particularity. Nguyen asserted a fear of persecution in Vietnam, including possible placement in a compulsory drug rehabilitation center, based on his prior drug use history and criminal record. The panel held that Nguyen waived review of the Board’s discretionary denial of asylum relief by failing to contest that aspect of the Board’s decision in his opening brief, and instead raising it for the first time in his reply brief. The panel also held that the Board correctly concluded that Nguyen’s proposed social group of “known drug users” lacked particularity under the standards set forth in Matter of M-E-V-G-, 26 I. & N. Dec. 227 (BIA 2014) and Matter of W-G-R-, 26 I. & N. Dec. 208 (BIA 2014). The panel explained that “drug” and “user” are broad terms that cause the proposed group to lack definable boundaries and to be * This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. NGUYEN V. BARR 3 amorphous, overbroad, diffuse, or subjective. The panel observed that although Nguyen asserted that the term “drug” encompassed any narcotic that is illegal in Vietnam, he did not provide any evidence on the Vietnamese societal view, or Vietnamese criminal law, for which drugs could lead to compulsory rehabilitation. The panel also agreed with the Board that the term “user” is vague and could vary broadly based on the amount and frequency of an individual’s drug use, and could encompass first-time users, occasional users, habitual users, or rehabilitated individuals like Nguyen. COUNSEL Carmen DiAmore-Siah (argued), Law Office of Carmen Di Amore-Siah, Honolulu, Hawai‘i, for Petitioner. Tim Ramnitz (argued), Attorney; Jennifer P. Levings, Senior Litigation Counsel; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent. OPINION WALLACE, Circuit Judge: Minh Nguyen petitions from the Board of Immigration Appeals’ (Board) denial of his applications for asylum and withholding of removal. Nguyen is a native citizen of Vietnam. He was admitted to the United States through a family-based visa petition as a lawful permanent resident in 1997. Nguyen has an extensive criminal record that eventually caused the 4 NGUYEN V. BARR Department of ...
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