NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 23 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT EVERARDO JIMENEZ-HERRERA, No. 15-73506 Petitioner, Agency No. A205-273-703 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 7, 2019** Before: THOMAS, Chief Judge, HAWKINS and McKEOWN, Circuit Judges. Everardo Jimenez-Herrera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing Jimenez- Herrera’s appeal from an immigration judge’s (“IJ”) decision denying Jimenez- Herrera’s application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). * 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). 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 Jimenez-Herrera 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’” (quoting Matter of M-E-V-G-, 26 I. & N. Dec. 227, 237 (BIA 2014))). Thus, Jimenez-Herrera’s asylum and withholding of removal claims fail. Substantial evidence supports the agency’s denial of CAT relief because Jimenez-Herrera failed to show it is more likely than not he will be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009). 2 Lastly, Jimenez-Herrera establishes no error in the agency’s denial of administrative closure under the factors applicable at the time of the BIA’s decision. See Gonzalez-Caraveo v. Sessions, 882 F.3d 885, 891 (9th Cir. 2018). PETITION FOR REVIEW DENIED. 3 15-73506 Court of Appeals for the Ninth Circuit ca9 9th Cir. Everardo Jimenez Herrera v. William Barr 23 August 2019 Agency Unpublished 7784e4551b685f6725414146f390bc70c401200a
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