Case Explained: JOHALMO CUELLAR CABRERA V. TODD BLANCHE

Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-07-07

The Ninth Circuit denied Johalmo Cuellar Cabrera’s petition for review of the Board of Immigration Appeals’ decision affirming the denial of his asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court held that the petitioner failed to exhaust administrative remedies regarding his claims for withholding of removal and CAT protection because he limited his appeal to the BIA solely to his asylum claim; consequently, these unexhausted claims are unreviewable under 8 U.S.C. § 1252(d)(1). Additionally, the court found that the petitioner waived any challenge to the agency’s determination that his proposed particular social group was not cognizable by failing to raise the issue in his opening brief. Regarding the asylum claim, the court applied the substantial evidence standard of review and affirmed the BIA’s finding that the petitioner failed to establish a nexus between his past harm or fear of future harm and membership in his proposed particular social group, defined as “immediate family members of Salvadoran youth who are resistant to gang recruitment.” The court concluded that substantial evidence supported the agency’s determination that the Barrio 18 gang targeted the petitioner for recruitment purposes rather than due to hostility toward his family, noting that the gang targeted anyone refusing to join and that the petitioner’s own testimony indicated the motive was to recruit him. Because the lack of a nexus to a protected ground is dispositive of an asylum claim, the court did not address alternative grounds for denial. The practical consequence of this ruling is that the petition for review is denied, the BIA’s order affirming the immigration judge’s denial remains in effect, and the petitioner’s motion to stay is also denied.

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