9th Cir.

GONZALEZ MAGANA, ET AL. V. BLANCHE

June 10, 2026 ·25-5929 ·Unpublished · By Raj Patel

The United States Court of Appeals for the Ninth Circuit denied a petition for review filed by Mexican nationals seeking asylum and related protections. The court found substantial evidence supported the agency's conclusion that the proposed social group of orchard farm workers was not socially distinct.

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Background

Petitioners, natives and citizens of Mexico, sought review of a Board of Immigration Appeals order dismissing their appeal of an Immigration Judge’s decision. The Immigration Judge had denied their applications for asylum, withholding of removal, and protection under the Convention Against Torture.

The court’s reasoning

The court held that substantial evidence supported the agency’s conclusion that the proposed particular social group of Mexican orchard farm workers was not cognizable because Mexican society does not recognize them as a socially distinct group. The court noted that while a country conditions report mentioned the agricultural industry, it did not address social distinction, and a news article regarding cartel views was insufficient because social distinction is assessed from the perspective of society rather than the persecutor. Additionally, the court found that petitioners failed to exhaust landownership arguments and waived challenges to the Convention Against Torture claim by not raising them in their opening brief.

What it means going forward

The petition for review was denied, leaving the agency’s denial of asylum and related protections in place.