Pedro Melecio Pastor-Renoj v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PEDRO MELECIO PASTOR-RENOJ,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 14-72097
Agency No. A200-691-664
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 21, 2019**
Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.
Pedro Melecio Pastor-Renoj, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
We have jurisdiction under 8 U.S.C. § 1252. We review questions of law de novo,
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAY 28 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 3 --

2 14-72097
Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), except to the extent that
deference is owed to the BIA’s interpretation of the governing statutes and
regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We review
for substantial evidence the agency’s factual findings. Garcia-Milian v. Holder,
755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for review.
In his opening brief, Pastor-Renoj fails to challenge the agency’s denial of
his asylum and CAT claims. See Corro-Barragan v. Holder, 718 F.3d 1174, 1177
n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted in waiver).
Therefore, Pastor-Renoj’s asylum and CAT claims fail.
As to withholding of removal, Pastor-Renoj claimed membership in the
social group of individuals who refuse to join gangs. The agency did not err in
finding that Pastor-Renoj failed to establish membership in a cognizable social
group. See Reyes v. Lynch, 842 F.3d 1125, 1131 (9th Cir. 2016) (in order to
demonstrate membership in a particular group, “[t]he applicant must ‘establish that
the group is (1) composed of members who share a common immutable
characteristic, (2) defined with particularity, and (3) socially distinct within the
society in question’” (quoting Matter of M-E-V-G-, 26 I. & N. Dec. 227, 237 (BIA
2014))). Pastor-Renoj fails to challenge the agency’s determination that the harm

-- 2 of 3 --

3 14-72097
he suffered in Guatemala based on his Quiche ethnicity did not rise to the level of
persecution. See Corro-Barragan, 718 F.3d at 1177 n.5. Thus, we deny the
petition for review as to Pastor-Renoj’s withholding of removal claim.
PETITION FOR REVIEW DENIED.

-- 3 of 3 --