Jorge Escutia-Balderas v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JORGE ESCUTIA-BALDERAS,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 14-71195
Agency No. A200-884-235
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 19, 2019**
Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.
Jorge Escutia-Balderas, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his request for administrative closure, and
his application for asylum, withholding of removal, and relief under the
Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. §
* 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
FEB 21 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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1252. We review de novo 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
determination 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. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We
review de novo claims of due process violations. Jiang v. Holder, 754 F.3d 733,
738 (9th Cir. 2014). We deny the petition for review.
Escutia-Balderas establishes no error in the agency’s denial of administrative
closure under the factors applicable at the time of the BIA’s decision. See
Gonzalez-Caraveo v. Sessions, 882 F.3d 885, 891 (9th Cir. 2018).
The record does not compel the conclusion that Escutia-Balderas established
changed circumstances to excuse his untimely asylum application. See 8 C.F.R. §
208.4(4); Ramadan v. Gonzalez, 479 F.3d 646, 657-58 (9th Cir. 2007) (per curiam)
(affirming BIA’s determination as to changed circumstances where record did not
compel a contrary result). Thus, his asylum claim fails. We reject Escutia-
Balderas’s humanitarian asylum contention because it is foreclosed by the
agency’s time-bar determination.
The agency did not err in determining that Escutia-Balderas 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

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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)). Substantial evidence also supports the
agency’s finding that Escutia-Balderas otherwise failed to establish that he was or
would be harmed on account of a protected ground. See INS v. Elias-Zacarias, 502
U.S. 478, 483 (1992) (an applicant “must provide some evidence of [motive],
direct or circumstantial”) (emphasis in original); see also Zetino v. Holder, 622
F.3d 1007, 1016 (9th Cir. 2010) (applicant’s “desire to be free from harassment by
criminals motivated by theft or random violence by gang members bears no nexus
to a protected ground”). Thus, his claim for withholding of removal fails.
Substantial evidence supports the agency’s denial of CAT relief because
Escutia-Balderas failed to establish it is more likely than not that he would be
tortured by the Mexican government or with its consent or acquiescence. See Aden
v. Holder, 589 F.3d 1040, 1047 (2009).
We reject Escutia-Balderas’s contention that the agency failed to consider all
of the evidence, or otherwise violated his due process rights. See Lata v. INS, 204
F.3d 1241, 1246 (9th Cir. 2000) (petitioner must show error and prejudice to
prevail on a due process claim).
PETITION FOR REVIEW DENIED.

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