Margarito Cuevas Landa v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 13 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARGARITO CUEVAS LANDA, No. 16-71516 Petitioner, Agency No. A088-449-772 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 10, 2018** Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges. Margarito Cuevas Landa, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have * 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). 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 Cuevas Landa failed to establish membership in a cognizable social group. See Ramirez-Munoz v. Lynch, 816 F.3d 1226, 1229 (9th Cir. 2016) (concluding that “imputed wealthy Americans” returning to Mexico does not constitute a particular social group); Delgado-Ortiz v. Holder, 600 F.3d 1148, 1151-52 (9th Cir. 2010) (concluding “returning Mexicans from the United States” did not constitute a particular social group). Thus, Cuevas Landa’s withholding of removal claim fails. Substantial evidence supports the agency’s denial of CAT relief because Cuevas Landa failed to show it is more likely than not he will be tortured with the consent or acquiescence of the government of Mexico. See Ramirez-Munoz, 816 F.3d at 1230. 2 16-71516 Cuevas Landa’s motion to refer his case to the mediation program is denied. PETITION FOR REVIEW DENIED. 3 16-71516 16-71516 Court of Appeals for the Ninth Circuit ca9 9th Cir. Margarito Cuevas Landa v. Jefferson Sessions 13 July 2018 Agency Unpublished d45f2f95d2165cccae95b17562194a215d7eff03

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