Background
Salvador Palacios Perez, a citizen of Mexico, sought withholding of removal and relief under the Convention Against Torture. The Immigration Judge and the Board of Immigration Appeals denied his application, citing the non-cognizability of his proposed social group and his failure to prove government acquiescence to torture.
The court’s reasoning
The court reviewed the agency’s decision de novo for legal conclusions and for substantial evidence regarding factual findings. It affirmed the Board’s determination that the proposed group of Americanized Mexicans was not cognizable, citing Matter of Burbano and prior Ninth Circuit precedent. The court also found that arguments regarding a social group based on his relationship to his niece were unexhausted and therefore not properly before the court. Additionally, the court rejected due process claims, noting that the petitioner failed to show the proceeding was fundamentally unfair.
What it means going forward
The denial reinforces the Ninth Circuit’s strict adherence to the exhaustion requirement and limits the scope of cognizable particular social groups in immigration cases.