Background
Petitioner Josue Pedro Rivas Garcia, a native and citizen of El Salvador, sought review of the Board of Immigration Appeals’ dismissal of his appeal from an Immigration Judge’s order denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture.
The court’s reasoning
The court held that the petitioner failed to exhaust his arguments regarding political opinion and alternative particular social groups before the agency, barring review of those claims. The court found that isolated and non-public resistance to gang membership does not constitute a cognizable particular social group. Substantial evidence supported the finding that the petitioner was targeted for financial and physical support rather than a protected ground, meaning there was no nexus between the alleged harms and a protected ground.
An alien’s desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground.
Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010)
What it means going forward
The petitioner’s petition for review was denied, the temporary administrative stay of removal was lifted, and the motion for stay of removal was denied.