Victor Manuel Serrato-Sapien v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
VICTOR MANUEL SERRATO-SAPIEN,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 14-71274
Agency No. A078-456-451
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 22, 2018**
Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.
Victor Manuel Serrato-Sapien, a native and citizen of Mexico, petitions for
review of the Board of Immigrations Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for withholding of
removal. We have jurisdiction under 8 U.S.C. § 1252. We review 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
OCT 26 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-71274
questions of law, 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
statues and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004).
We review for substantial evidence the agency’s factual findings. Zehatye v.
Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for
review.
The BIA did not err in finding that Serrato-Sapien did not 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))); see also Ramirez-Munoz v. Lynch, 816 F.3d 1226,
1229 (9th Cir. 2016) (concluding that “imputed wealthy Americans” returning to
Mexico does not constitute a particular social group).
PETITION FOR REVIEW DENIED.

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