Ernesto Morales-Cho v. Eric Holder, Jr.

Good Law
578 F. App'x 731
United States Court of Appeals for the Ninth CircuitJune 16, 201412-71050California310 words

Opinion

Opinion

MEMORANDUM

Claudia Torres, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and grant in part the petition for review, and we remand.

Torres does not challenge the agency’s denial of CAT relief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not supported by argument are deemed waived).

In denying Torres’s withholding of removal claim on nexus grounds, the BIA rejected Torres’ proposed social group. When the IJ and BIA issued their decisions in this case they did not have the benefit of either this court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir.2013) (en banc), and Cordoba v. Holder, 726 F.3d 1106 (9th Cir.2013), or the BIA’s decisions in Matter of M-E-V-G-, 26 I. & N. Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I. & N. Dec. 208…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.