Mario Antunez-Salgado v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 19 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARIO ANTUNEZ-SALGADO, No. 15-72633 Petitioner, Agency No. A076-643-866 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 16, 2018** Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges. Mario Antunez-Salgado, 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 (“IJ”) decision denying his application for asylum, withholding of removal, 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). motion for a continuance, voluntary departure, and administrative closure. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), we review for an abuse of discretion the agency’s denial of a motion to continue, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008), and we review de novo questions of law, Mendez-Mendez v. Mukasey, 525 F.3d 828, 832 (9th Cir. 2008). We dismiss in part and deny in part the petition for review. As to Antunez-Salgado’s claim based on his family as a protected ground, substantial evidence supports the agency’s determination that Antunez-Salgado failed to demonstrate a nexus between the harm he fears and his family membership. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (desire to be free from harassment by criminals motivated by theft or random violence by gang members has no nexus to a protected ground). As to Antunez-Salgado’s claim based on the social group of Mexican returnees perceived as wealthy, the agency did not err in finding that Antunez-Salgado failed to demonstrate this was a cognizable group. See Ramirez-Munoz v. Holder, 816 F.3d 1226, 1228-29 (9th Cir. 2016) (concluding “imputed wealthy Americans” returning to Mexico did not constitute a particular social group); Delgado-Ortiz v. Holder, 600 F.3d 1148, 2 15-72633 1151-52 (9th Cir. 2010) (concluding “returning Mexicans from the United States” did not constitute a particular social group). Thus, Antunez-Salgado’s asylum and withholding of removal claims fail. Substantial evidence also supports the agency’s denial of CAT relief because Antunez-Salgado failed to show it is more likely than not that he would be tortured by or with the consent or acquiescence of the government of Mexico. See Ramirez-Munoz, 816 F.3d at 1230. The agency did not abuse its discretion in denying Antunez-Salgado’s motion for a continuance. See Sandoval-Luna, 526 F.3d at 1247 (finding agency did not abuse its discretion in denying a continuance where relief was not immediately available); see also Matter of Sanchez Sosa, 25 I. & N. Dec. 807, 812- 16 (BIA 2012) (discussing how ...

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