Case: 21-60964 Document: 00516539497 Page: 1 Date Filed: 11/09/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 21-60964 November 9, 2022 Summary Calendar Lyle W. Cayce Clerk Teodoro Salgado Ramirez, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals Agency No. A070 598 901 Before Smith, Dennis, and Southwick, Circuit Judges. Per Curiam:* Teodoro Salgado Ramirez, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal and affirming the immigration judge’s (“IJ”) denial of * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-60964 Document: 00516539497 Page: 2 Date Filed: 11/09/2022 No. 21-60964 withholding of removal and protection under the Convention Against Torture (“CAT”). Salgado Ramirez argues the BIA erred in affirming the IJ’s finding that he was ineligible for withholding of removal because he had failed to show the requisite nexus between the harm he feared in Mexico and his family-based particular social group (“PSG”). He also argues that the BIA erred in affirming the IJ’s denial of CAT relief. This court reviews the BIA’s decision and considers the IJ’s decision only to the extent it influenced the BIA. Orellana-Monson v. Holder, 685 F.3d 511, 517 (5th Cir. 2012). The BIA’s factual findings are reviewed for substantial evidence, and its legal conclusions are reviewed de novo. Id. at 517-18. The Government argues that, given Salgado Ramirez’s prior conviction for a controlled substance offense, this court lacks jurisdiction to consider any of his factual challenges to the denial of withholding of removal. See 8 U.S.C. § 1252(a)(2)(C). Salgado Ramirez maintains he has raised a “valid question of law” regarding whether the BIA applied the wrong legal standard to the nexus element of his claim for withholding of removal; therefore, this court has jurisdiction over his petition under 8 U.S.C. § 1252(a)(2)(D). First, he argues the legal standard for showing a nexus “is more relaxed” for withholding of removal than it is for asylum, and that the BIA erred in applying the more stringent “one central reason” standard. He acknowledges, however, that this court has already rejected this argument in Vazquez-Guerra v. Garland, 7 F.4th 265, 271 (5th Cir. 2021), cert. denied, 142 S. Ct. 1228 (2022). 2 Case: 21-60964 Document: 00516539497 Page: 3 Date Filed: 11/09/2022 No. 21-60964 Next, Salgado Ramirez argues that his credible testimony established that his membership in a PSG consisting of his family was “one central reason” for the persecution he fears in Mexico. This argument is a challenge to the factual findings of the IJ and the BIA, which this court lacks jurisdiction to consider under Section 1252(a)(2)(C) given Salgado Ramirez’s prior controlled substance offense. See Pierre-Paul v. Barr, 930 F.3d 684, 694 (5th Cir. 2019) …
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