NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 8 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT EDGARDO ESCOBAR, AKA Edgardo A. No. 19-70778 Hernandez, AKA Edgardo A. Serdenec, Agency No. A094-300-023 Petitioner, v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 1, 2022** Before: FRIEDLAND, SANCHEZ, and H. THOMAS, Circuit Judges. Edgardo Escobar, a native and citizen of Honduras, 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 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). removal, and protection under the Convention Against Torture (“CAT”). 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. The agency did not err in concluding that Escobar did not establish membership in a cognizable particular social group consisting of individuals returning from the United States who are perceived as being wealthy. 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))). Substantial evidence supports the agency’s conclusion that Escobar otherwise failed to establish that he would be persecuted on account of a 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.”). In light of its finding that Escobar failed to demonstrate any nexus to a 2 19-70778 protected ground, the agency did not err in evaluating Escobar’s application under the different standards applicable to asylum and withholding of removal claims. Barajas-Romero v. Lynch, 846 F.3d 351, 359 (9th Cir. 2017). The BIA likewise did not err in electing not to reach whether changed circumstances in Honduras excused Escobar’s untimely application for asylum. Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (“As a general rule courts and agencies are not required to make findings on issues the decision of which is unnecessary to the results they reach.” (quoting INS v. Bagamasbad, 429 U.S. 24, 25 (1976))). Thus, Escobar’s asylum and withholding of …
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