Background
Petitioners, natives and citizens of Mexico, sought review of a Board of Immigration Appeals order dismissing their appeal of an Immigration Judge’s decision. The Immigration Judge had denied their applications for asylum, withholding of removal, and protection under the Convention Against Torture.
The court’s reasoning
The court held that substantial evidence supported the agency’s conclusion that the proposed particular social group of Mexican orchard farm workers was not cognizable because Mexican society does not recognize them as a socially distinct group. The court noted that while a country conditions report mentioned the agricultural industry, it did not address social distinction, and a news article regarding cartel views was insufficient because social distinction is assessed from the perspective of society rather than the persecutor. Additionally, the court found that petitioners failed to exhaust landownership arguments and waived challenges to the Convention Against Torture claim by not raising them in their opening brief.
What it means going forward
The petition for review was denied, leaving the agency’s denial of asylum and related protections in place.