Heribert Valenzuela-Valenzuela v. Jefferson Sessions
706 F. App'x 403
| 9th Cir. | 2017Background
- Petitioner Heriberto Valenzuela-Valenzuela, a Mexican national, sought reopening of his removal proceedings to apply for withholding of removal under 8 U.S.C. § 1231(b)(3) and protection under the UN Convention Against Torture (CAT).
- He claimed membership in the particular social group “Americanized Mexicans” ("pochos") and argued that his perceived American appearance would make him a target of violence in Mexico.
- The Board of Immigration Appeals denied his motion to reopen; Valenzuela-Valenzuela petitioned for review in the Ninth Circuit.
- The Ninth Circuit reviews the BIA’s denial of a motion to reopen for abuse of discretion.
- The petition challenged (1) denial of withholding of removal based on the proposed social group and changed country conditions, (2) denial of CAT relief, and (3) denial of administrative closure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Cognizability of social group "Americanized Mexicans" for withholding | Valenzuela-Valenzuela: group is a particular social group making him eligible for withholding | Government: group not cognizable under INA and Ninth Circuit precedent | Denied — group is not cognizable; prior Ninth Circuit cases reject it |
| Changed country conditions showing increased risk to Petitioner | Petitioner: evidence of violence against Americans and Americanized Mexicans shows heightened risk to him | Government: evidence is generalized to many groups, not particular to petitioner | Denied — evidence insufficient to show petitioner faces greater risk than populace at large |
| CAT relief (likelihood of torture) | Petitioner: same evidence supports that torture is more likely than not upon return | Government: evidence generalized and not particularized to petitioner | Denied — generalized evidence insufficient to meet "more likely than not" standard |
| Reviewability of denial of administrative closure | Petitioner: challenges BIA denial of administrative closure | Government: challenge is not reviewable | Court lacks jurisdiction to review denial of administrative closure |
Key Cases Cited
- Ramirez-Munoz v. Lynch, 816 F.3d 1226 (9th Cir. 2016) (rejecting "Americanized Mexicans" as a cognizable social group and discussing standards for withholding/CAT)
- Delgado-Ortiz v. Holder, 600 F.3d 1148 (9th Cir. 2010) (generalized evidence of countrywide crime insufficient for withholding/CAT)
- Riera-Riera v. Lynch, 841 F.3d 1077 (9th Cir. 2016) (generalized evidence of violence insufficient for CAT relief)
- Diaz-Covarrubias v. Mukasey, 551 F.3d 1114 (9th Cir. 2009) (jurisdictional limits on reviewing BIA denial of administrative closure)