United States v. 2020-04-10 | 12-73679 | VERONICA LUCATERO-BALDOVINO V. WILLIAM BARR | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

VERONICA LUCATERO-BALDOVINO,

Petitioner,

v.

WILLIAM P. BARR, Attorney General,

Respondent.

No. 12-73679

Agency No. A088-719-218

MEMORANDUM
*

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted April 7, 2020
**

Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.
Veronica Lucatero-Baldovino, 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 decision denying her 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 de novo questions of law,

*
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

APR 10 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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 her opening brief, Lucatero-Baldovino waives any challenge to the
agency’s determination regarding her removability. See Lopez-Vasquez v. Holder,
706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued
in a party’s opening brief are waived).
The agency did not err in finding that Lucatero-Baldovino 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 social
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 Barbosa v. Barr, 926 F.3d 1053,
1059-60 (9th Cir. 2019) (finding that individuals returning to Mexico from the
United States who are believed to be wealthy does not constitute a particular social

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group).
Substantial evidence supports the agency’s determination that Lucatero-
Baldovino failed to establish a well-founded fear of future persecution on account
of her family membership. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.
2003) (possibility of future persecution “too speculative”). Thus, Lucatero-
Baldovino’s asylum claim fails.
In this case, because Lucatero-Baldovino failed to establish eligibility for
asylum, she failed to establish eligibility for withholding of removal. See Zehatye
v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
Substantial evidence also supports the agency’s denial of CAT relief because
Lucatero-Baldovino failed to show it is more likely than not she would be tortured
by or with the consent or acquiescence of the government if returned to Mexico.
See Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009) (no likelihood of
torture).
The record does not support Lucatero-Baldovino’s contentions that the
agency failed to consider evidence, ignored arguments, or otherwise erred in its
analysis of her claims. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir.
2010) (agency need not write an exegesis on every contention); Fernandez v.

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Gonzales, 439 F.3d 592, 603 (9th Cir. 2006) (petitioner did not overcome the
presumption that the BIA reviewed the record).
PETITION FOR REVIEW DENIED.