Carlos Montoya v. William Barr ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 4 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS R. MONTOYA, AKA Carlos No. 17-70928
Montoya Ramos, AKA Rigoberto Carlos
Ramos, Agency No. A094-459-045
Petitioner,
MEMORANDUM*
v.
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 2, 2020**
Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.
Carlos R. Montoya, a native and citizen of El Salvador, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his applications for cancellation of removal,
withholding of removal, and 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).
We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law,
Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), except to the extent that
deference is owed to the BIA’s interpretation of the governing statutes and
regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We review
for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453
F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.
In his opening brief, Montoya does not challenge the agency’s denial of
cancellation of removal. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80
(9th Cir. 2013) (issues not specifically raised and argued in a party’s opening brief
are waived). Thus, we deny the petition for review as to Montoya’s cancellation of
removal claim.
The BIA did not err in finding that Montoya did not establish membership in
a cognizable social group. 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))). Thus, Montoya’s withholding of removal claim fails.
Substantial evidence supports the agency’s denial of CAT relief because
Montoya failed to show it is more likely than not he will be tortured by or with the
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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 Wakkary v. Holder, 558
F.3d 1049, 1067-68 (9th Cir. 2009) (no likelihood of torture).
PETITION FOR REVIEW DENIED.
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