Rosemond Bourgouin v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROSEMOND BOURGOUIN,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 20-72620
Agency No. A209-867-056
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 12, 2021**
Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.
Rosemond Bourgouin, a native and citizen of Haiti, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) decision denying his application for asylum,
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).
FILED
OCT 14 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
the agency’s factual findings, including determinations regarding social
distinction. Conde Quevedo v. Barr, 947 F.3d 1238, 1241-42 (9th Cir. 2020). We
review de novo questions of law, including whether a particular social group is
cognizable, except to the extent that deference is owed to the BIA’s interpretation
of the governing statutes and regulations. Id. We deny the petition for review.
Substantial evidence supports the agency’s determination that Bourgouin
failed to establish his proposed social group is socially distinct. See Conde
Quevedo, 947 F.3d at 1243 (substantial evidence supported the agency’s
determination that petitioner’s proposed social group was not cognizable because
of the absence of society-specific evidence of social distinction). Thus, the BIA
did not err in concluding that Bourgouin did not establish membership in a
cognizable particular 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))).
Substantial evidence also supports the agency’s denial of CAT relief because
Bourgouin failed to show it is more likely than not he would be tortured by or with

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the consent or acquiescence of the government if returned to Haiti. See Aden v.
Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
Bourgouin’s contention that the BIA erred in not addressing the IJ’s adverse
credibility determination fails, where the BIA assumed he testified credibly and
assessed his claims on the merits. See Simeonov v. Ashcroft, 371 F.3d 532, 538
(9th Cor. 2004) (courts and agencies are not required to decide issues unnecessary
to the results they reach). Bourgouin’s contentions that the agency ignored
evidence or otherwise erred in its analysis of his claims also fail. See Najmabadi v.
Holder, 597 F.3d 983, 990 (9th Cir. 2010) (agency need not write an exegesis on
every contention); Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir. 2006)
(petitioner did not overcome the presumption that the BIA reviewed the record).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.

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