Efrain Rodriguez-Nava v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EFRAIN RODRIGUEZ-NAVA,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 15-73524
Agency No. A092-261-705
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 9, 2017**
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
Efrain Rodriguez-Nava, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for asylum and withholding
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo
* 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).
FILED
AUG 14 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-73524
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 determination 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.
The agency did not err in finding Rodriguez-Nava failed to establish a
cognizable social group. See Ramirez-Munoz v. Lynch, 816 F.3d 1226, 1228-29
(9th Cir. 2016); see also Reyes v. Lynch, 842 F.3d 1125, 1133-37 (9th Cir. 2016)
(according deference to the BIA’s articulation of its “particularity” and “social
distinction” requirements). Thus, Rodriguez-Nava’s asylum and withholding of
removal claims fail. In light of this conclusion, we do not reach Rodriguez-Nava’s
remaining contentions raised in his opening brief.
PETITION FOR REVIEW DENIED.

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