NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 10 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT STANLEY DIDDIER CHAN LOPEZ, No. 14-73085 Petitioner, Agency No. A200-953-442 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 6, 2020** Before: THOMAS, Chief Judge, HAWKINS and McKEOWN, Circuit Judges. Stanley Diddier Chan Lopez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against * 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). Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition. The BIA did not err in concluding that Chan Lopez failed to establish membership in a cognizable social group. See Reyes v. Lynch, 842 F.3d 1125, 1131 (9th Cir. 2016) (to demonstrate social group membership, “[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))); see also Santos-Lemus v. Mukasey, 542 F.3d 738, 744–46 (9th Cir. 2008) (holding that young men who resist gang violence in El Salvador do not constitute a particular social group), abrogated in part by Henriquez-Rivas v. Holder, 707 F.3d 1081, 1093 (9th Cir. 2013). Thus, Chan Lopez’s asylum and withholding of removal claims fail. Substantial evidence supports the agency’s denial of CAT protection because Chan Lopez failed to show he will more likely than not be tortured by or with the consent or acquiescence of the government if returned to El Salvador. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009). PETITION DENIED. 2 14-73085 14-73085 Court of Appeals for the Ninth Circuit ca9 9th Cir. Stanley Chan Lopez v. William Barr 10 July 2020 Agency Unpublished be44adc180216f43633e4130a0a46f8b4341fa09
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