ESTRADA CONTRERAS v. GARLAND (2021)

United States Court of Appeals, Ninth Circuit.2021-07-21No. No. 19-72754

Summary · law.co

Holding. The petition for review was denied in part and dismissed in part. The court affirmed the agency's denial of asylum, withholding of removal, and Convention Against Torture relief, and dismissed the claim regarding special immigrant juvenile status for lack of jurisdiction.

Two Salvadoran nationals, a mother and daughter, sought asylum, withholding of removal, and relief under the Convention Against Torture after the immigration judge denied their applications. The Board of Immigration Appeals upheld the denial. On review, the court examined whether the applicants qualified for protection based on membership in a particular social group, whether the agency properly considered the evidence, and whether torture was likely if they were returned to El Salvador.

The court found the proposed particular social group did not meet the legal requirements for asylum eligibility. The agency had adequately considered the evidence and explained its reasoning. Additionally, the applicants failed to demonstrate that they would more likely than not be tortured by the Salvadoran government or with its consent if removed. The court also lacked authority to consider a claim about eligibility for special immigrant juvenile status because that issue was never presented to the immigration agency.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether the applicants belonged to a cognizable particular social group under asylum law
Whether the agency's factual findings regarding torture risk were supported by substantial evidence
Whether the court had jurisdiction to review a claim not presented to the agency

Procedural posture

The petitioners sought judicial review of a Board of Immigration Appeals decision that dismissed their appeal of an immigration judge's denial of asylum, withholding of removal, and Convention Against Torture relief.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

MEMORANDUM **

Blanca Eduvina Estrada-Contreras and her daughter, Dayana Elisa Canizalez-Estrada, natives and citizens of El Salvador, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judges (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo the legal question of whether a particular social group is cognizable, except to the extent that deference is owed to the BIAs interpretation of the governing statutes and regulations. Conde Quevedo v. Barr, 947 F.3d 1238, 1241-42 (9th Cir. 2020). We review for substantial evidence the agencys factual findings. Id. at 1241. We deny in part and dismiss in part the petition for review.

The agency did not err in concluding that petitioners’ proposed particular social group is not cognizable. See Reyes v. Lynch, 842 F.3d 1125, 1131 (9th Cir. 2016) (in order to demonstrate membership in a particular social group, “[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))). Petitioners’ contention that the agency erred in its legal analysis or ignored evidence fails. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) (the agency adequately considered evidence and sufficiently announced its decision); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim); see also Jiang v. Holder, 754 F.3d 733, 738 (9th Cir. 2014) (reviewing de novo claims of due process violations in immigration proceedings). Thus, petitioners’ claim for asylum and withholding of removal fail.

Substantial evidence supports the agencys denial of CAT relief because Estrada-Contreras failed to show it is more likely than not that she will 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); see also Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative).

We lack jurisdiction to consider petitioners’ contention that the IJ failed to advise Canizalez-Estrada of her potential eligibility for Special Immigrant Juvenile status. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency).

The stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.