Byron Maldonado-Rodas, a citizen and native of Guatemala, sought review of the Board of Immigration Appeals' decision affirming an Immigration Judge's denial of his applications for withholding of removal and cancellation of removal. The petitioner argued that he faced a threat of harm in Guatemala due to his membership in a particular social group and that his removal would cause exceptional hardship to his minor son. The Agency concluded that the petitioner failed to establish a nexus between his fear of harm and a protected ground, and that his proposed social group was not cognizable under existing precedent.
The panel reviewed the BIA's legal determinations de novo and factual determinations for substantial evidence. First, regarding withholding of removal, the court found that the petitioner forfeited any challenge to the Agency's nexus determination because he failed to specifically and distinctly raise the issue in his opening brief. Furthermore, the court determined that the petitioner's proposed particular social group—returning Guatemalan nationals and citizens who will be perceived to have accrued wealth while in the United States—is not cognizable because it is not sufficiently particular or socially distinct. Second, regarding cancellation of removal under 8 U.S.C. § 1229b(b)(1)(D), the court held that substantial evidence supports the Agency's conclusion that the petitioner did not establish that his removal would result in exceptional and extremely unusual hardship to his minor son. The court rejected the petitioner's contention that his son would be a target for gangs as conclusory and devoid of supporting factual detail or legal argument.
The petition for review is denied, meaning the BIA's decision denying withholding of removal and cancellation of removal stands. The petitioner remains subject to removal, though a temporary stay of removal remains in place until the mandate issues. The decision reinforces the requirement that petitioners must specifically raise nexus arguments in their briefs and clarifies the limits of cognizable particular social groups in the Ninth Circuit.
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