Ricardo Gomez Rivera, a native and citizen of El Salvador, sought relief from removal by applying for asylum, withholding of removal, protection under the Convention Against Torture, and cancellation of removal. An immigration judge denied these applications, and the Board of Immigration Appeals affirmed the denial. Rivera petitioned the Ninth Circuit for review, challenging various aspects of the proceedings, including the validity of the notice to appear and the agency's factual findings regarding his eligibility for relief.
The panel addressed several distinct legal issues. First, regarding the notice to appear, the court found that any potential defect was cured by a subsequent notice specifying the date and time of the proceedings, citing Karingithi v. Whitaker. Second, the court noted that Rivera did not challenge the BIA's conclusion that he waived review of the immigration judge's determination that he failed to show an exception to the one-year filing deadline for asylum, nor did he challenge the denial of Convention Against Torture protection; therefore, the court did not address these issues. Third, regarding withholding of removal, Rivera also waived review of the finding that he failed to demonstrate a nexus between the harm suffered and his political opinion or religion. On the merits of the remaining claims, the court reviewed the agency's finding that Rivera did not show membership in a cognizable particular social group. The court explained that to qualify, a group must be composed of members sharing a common immutable characteristic, defined with particularity, and socially distinct within the society. The court found substantial evidence supported the agency's determination that Rivera failed to meet this standard. Finally, the court upheld the agency's finding that Rivera did not show exceptional and extremely unusual hardship to qualifying relatives, noting that the hardship finding was dispositive of his cancellation of removal claim.
The petition for review is denied, meaning the Board of Immigration Appeals' order denying relief stands. The motion to stay removal is denied, allowing removal proceedings to proceed. The decision reinforces the strict application of the one-year filing deadline and the requirement to demonstrate a specific nexus for withholding of removal claims, while confirming that factual findings regarding particular social groups are reviewed under the substantial evidence standard.
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