NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 18a0591n.06 No. 18-3254 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Nov 27, 2018 DEBORAH S. HUNT, Clerk TELESFORO DIAZ-GONZALEZ, ) ) Petitioner, ) ON PETITION FOR REVIEW OF ) AN ORDER OF THE BOARD OF v. ) IMMIGRATION APPEALS ) MATTHEW G. WHITAKER, Acting ) Attorney General, ) OPINION ) Respondent. ) ) Before: MOORE, GIBBONS, and COOK Circuit Judges. KAREN NELSON MOORE, Circuit Judge. Petitioner Telesforo Diaz-Gonzalez petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his applications for asylum, withholding of removal under the Immigration and Nationality Act (“INA”), and protection under the Convention Against Torture (“CAT”). Because he has not provided sufficient evidence to establish that “land owners who resist gangs” is a socially visible group in Guatemalan society, his asylum and withholding of removal claims fail. His CAT claim also fails because he has not demonstrated that, if he were to return to Guatemala, it is more likely than not that he would be tortured. Accordingly, we DENY his petition for review. I. BACKGROUND Telesforo Diaz-Gonzalez (“Diaz”) is a 28-year-old native and citizen of Guatemala. He entered the United States in November 2015 and was apprehended by a Border Patrol Agent. See No. 18-3254, Telesforo Diaz-Gonzalez v. Whitaker A.R. at 384 (Border Patrol Report). Diaz admitted to entering the United States without permission and was issued a Notice and Order of Expedited Removal. A.R. at 388–91 (R. of Sworn Statement); A.R. at 487 (Notice and Order of Expedited Removal). On January 6, 2016, the U.S. Department of Homeland Security filed a Notice to Appear (“NTA”) in Immigration Court, initiating removal proceedings against Diaz. A.R. at 476–77 (Notice to Appear). The NTA charged Diaz with inadmissibility due to his status as an immigrant without valid, unexpired immigration, travel, or identity documents, under 8 U.S.C. § 1182(a)(7)(A)(i)(I). Id. On February 11, 2016, Diaz appeared without counsel before an Immigration Judge (“IJ”). He admitted all factual allegations in the NTA and was determined removable. A.R. at 122–23 (Feb. 11, 2016 Hr’g Tr.); A.R. at 151 (Merits Hr’g Tr.). Diaz filed an Application for Asylum and Withholding of Removal in March 2016, but it only sought relief under CAT, 8 C.F.R. § 1208.16(c). A.R. at 456 (Appl. for Asylum and for Withholding of Removal). In June 2017, Diaz filed an amended Application for Asylum and Withholding of Removal under 8 U.S.C. §§ 1158 and 1231(b)(3). A.R. at 216–28 (Am. Appl. for Asylum and for Withholding of Removal). This application sought asylum and withholding of removal due to persecution based on race, religion, and membership in a particular group. A.R. at 220 (Am. Appl. for Asylum and for Withholding of Removal). He also submitted various supporting documents including country conditions reports and affidavits of his father, two friends, and two pastors. A.R. at 236–38, 342– 60, 266–374 (Submitted Documents). Diaz’s pre-hearing brief claimed persecution based on his membership in two particular social groups: “land owners who have resisted ...
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