Hasan Fero v. Eric Holder, Jr.

MEMORANDUM

Petitioners Hasan and Zumrut Fero challenge the BIA’s denial of withholding of removal and CAT relief.

1. The Feros did not challenge the BIA’s denial of their CAT claims in their opening brief and therefore their challenge is waived. See Castro-Martinez v. Holder, 674 F.3d 1073, 1082-83 (9th Cir.2011) (petitioner waived challenge to denial of CAT relief by not raising it in his opening brief).

2. The Feros did not exhaust the argument that their family constituted a social group and therefore this court lacks jurisdiction to review it. See Lee v. Holder, 599 F.3d 973, 976 (9th Cir.2010) (citing 8 U.S.C. § 1252 (d)(1)).

3. Substantial evidence supports the BIA’s finding that the Feros were not persecuted on account of their membership in a social group. The Feros’ purported social group — business owners who are indebted to the Turkish mafia — lacks both the social visibility and particularity to render it a social group. Apart from the fact that such individuals owe money to the mafia, there is no immutable characteristic or voluntary relationship tying them together. See Ochoa v. Gonzales, 406 F.3d 1166, 1170-71 (9th Cir.2005) (holding that Colombian business…