Antonio Gonzalez Gonzalez, a native and citizen of Mexico, sought asylum, withholding of removal, and protection under the Convention Against Torture (CAT) based on his mental health challenges and alcohol use disorder. An Immigration Judge denied his claims, and the Board of Immigration Appeals affirmed that decision. Gonzalez Gonzalez petitioned the Ninth Circuit for review, arguing that he belonged to a socially distinct particular social group and faced a unique risk of persecution or torture if returned to Mexico.
The panel addressed three primary issues. First, regarding exhaustion, the court held that it could not review claims Gonzalez Gonzalez did not properly raise before the BIA. He failed to argue a pattern-or-practice claim or raise his first, second, and fifth proposed particular social groups, and he did not develop legal arguments for his sixth group. Under 8 U.S.C. § 1252(d)(1) and controlling precedent, these issues were forfeited. Second, on the merits of asylum and withholding of removal, the court applied the substantial evidence standard. To qualify, a petitioner must show a unique risk of persecution distinct from mere membership in a disfavored group. The record showed Gonzalez Gonzalez performed physically demanding work, his cognitive limitations were not readily observable, and he could perform important daily activities. Consequently, the evidence did not compel the conclusion that he was more likely to be targeted than other mentally disabled individuals in Mexico. The court also rejected his argument that intervening case law regarding alcohol use disorders rendered his proposed group socially distinct, noting that social distinction remains a fact-bound inquiry and the record did not show Mexican society views such individuals as a distinct group. Third, for CAT relief, the petitioner needed to show a greater than fifty percent chance of torture. The court found the agency properly considered both of his theories of torture and that the evidence did not support a probability exceeding that threshold.
The petition for review is denied, and the BIA's order denying asylum, withholding of removal, and CAT relief stands. The court lifted the temporary stay of removal and denied pending motions for a stay. The decision reinforces the requirement that asylum seekers must exhaust all administrative remedies before seeking judicial review and clarifies that general membership in a disfavored group, such as mentally disabled individuals, is insufficient without proof of a unique, individualized risk of persecution.
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