Israel Simon Lopez v. Jefferson Sessions

FILED NOT FOR PUBLICATION APR 13 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ISRAEL SIMON LOPEZ, ) Nos. 14-73684 & 16-71490 ) Petitioner, ) Agency No. A087-451-159 ) v. ) MEMORANDUM* ) JEFFERSON B. SESSIONS III ) Attorney General, ) ) Respondent. ) ) On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted March 16, 2018 San Francisco, California Before: McKEOWN, FUENTES,** and BEA, Circuit Judges. Israel Simon Lopez, also known as Israel Lopez-Simon, petitions this Court for review of the final order of the Board of Immigration Appeals denying his motion to reopen his application for asylum and withholding of removal. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Julio M. Fuentes, United States Circuit Judge for the U.S. Court of Appeals for the Third Circuit, sitting by designation. Concurrently, Simon Lopez petitions for review of the final order denying his application for asylum and withholding of removal. We deny both petitions. “To qualify for asylum, an applicant must show that she . . . ‘is unable or unwilling to return to [her home country] . . . because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.’”1 “We review factual findings . . . under the deferential substantial evidence standard.”2 “We may reverse factual determinations only when ‘any reasonable adjudicator would be compelled to conclude to the contrary’ based on the evidence in the record.”3 “Although the basis for our review is limited to the administrative record, we consider that record in its entirety, including evidence which contradicts the BIA's findings.”4 Simon Lopez’s initial petition is denied because he has failed to demonstrate his membership in a particular social group or a well-founded fear of persecution 1 Ling Huang v. Holder, 744 F.3d 1149, 1152 (9th Cir. 2014) (quoting 8 U.S.C. § 1101(a)(42)(A)). 2 Ai Jun Zhi v. Holder, 751 F.3d 1088, 1091 (9th Cir. 2014). 3 Id. (quoting 8 U.S.C. § 1252(b)(4)(B)). 4 Mgoian v. INS, 184 F.3d 1029, 1034 (9th Cir. 1999). 2 should he be removed to his country of origin, Mexico.5 Here, the record does not establish that Simon Lopez actually cooperated with police with respect to the 2003 shooting in Phoenix, Arizona. The record neither supports the contention that imputed informants are a particular social group in Mexican society,6 nor that Simon Lopez’s alleged persecutors harassed him in Mexico in 2009 and 2010 because of his purported cooperation with police in Phoenix, Arizona, in 2003. Simon Lopez does not connect the harassment and the break-in to any threats or intimidation specifically related to that cooperation, nor does he demonstrate that the gang believed him to have cooperated with police. Independently, the incidents described by Simon Lopez do not give rise to a well-founded fear of persecution ...

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