Manuel Rivera-Hernandez v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MANUEL RIVERA-HERNANDEZ,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 18-72141
Agency No. A078-158-586
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 15, 2019**
Before: SCHROEDER, SILVERMAN, and CLIFTON, Circuit Judges.
Manuel Rivera-Hernandez, 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 withholding of
removal and relief under the Convention Against Torture (“CAT”). We have
* 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
JUL 19 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 3 --

2 18-72141
jurisdiction under 8 U.S.C. § 1252. We review questions of law de novo, 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. Garcia-Milian v. Holder, 755
F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for review.
The agency did not err in determining that Rivera-Hernandez failed to
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
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, Rivera-Hernandez’s withholding
claim fails.
Substantial evidence supports the agency’s denial of CAT relief because
Rivera-Hernandez failed to show it is more likely than not he will be tortured by or
with the consent or acquiescence of the government if returned to Mexico. See
Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009); see also Garcia-Milian, 755

-- 2 of 3 --

3 18-72141
F.3d at 1033-35 (concluding that petitioner did not establish the necessary “state
action” for CAT relief). Rivera-Hernandez’s contention that the agency applied
the incorrect legal standard to his CAT claim is unpersuasive.
PETITION FOR REVIEW DENIED.

-- 3 of 3 --