Mario Diaz-Hernandez v. Eric Holder, Jr., 635 F. App'x 159

Mario Diaz-Hernandez, a Mexican national, entered the U.S. without inspection in 1999 and filed for asylum in 2010 (untimely).
DHS charged him as removable; Diaz-Hernandez conceded removability and amended his application to seek asylum, withholding of removal, and CAT protection.
He testified he fears Mexican gangs because he is a "nortero" (returned U.S. worker perceived as wealthy); claimed higher U.S. earnings and savings versus low expected income in Mexico.
Submitted a letter from his brother and news articles; his brother had been robbed in Mexico but never lived or worked in the U.S., and assailants were not identified.
The IJ found him credible but denied asylum (untimely), withholding (norteros not a protected social group and no nexus), and CAT (no governmental acquiescence likely).
The BIA affirmed the IJ on withholding and CAT; Diaz-Hernandez petitioned for review, challenging those denials.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether "norteros" (persons perceived as wealthy from U.S. work) constitute a "particular social group" supporting withholding of removal	Diaz-Hernandez: norteros are a cognizable social group targeted because they are perceived as wealthy	DHS: perceived wealth is not a protected social group; petitioner failed to show a protected ground or nexus	Court: affirmed — perceived wealth/norteros not a cognizable social group; withholding denied
Whether petitioner is entitled to CAT protection (more likely than not to be tortured by or with government acquiescence)	Diaz-Hernandez: corrupt police and gang violence create likelihood of torture/acquiescence	DHS: evidence shows isolated corruption but not systemic government involvement sufficient to meet CAT standard	Court: affirmed — petitioner failed to show it is more likely than not he would be tortured with governmental acquiescence

Khalili v. Holder, 557 F.3d 429 (6th Cir. 2009) (standard for reviewing BIA opinions that adopt IJ reasoning)
Mandebvu v. Holder, 755 F.3d 417 (6th Cir. 2014) (factual findings reviewed under substantial-evidence standard)
Pablo-Sanchez v. Holder, 600 F.3d 592 (6th Cir. 2010) (withholding of removal statutory standard)
INS v. Stevic, 467 U.S. 407 (1984) ("more likely than not"/clear probability standard for withholding)
Bonilla-Morales v. Holder, 607 F.3d 1132 (6th Cir. 2010) (nexus requirement fatal if not shown)
Kouljinski v. Keisler, 505 F.3d 534 (6th Cir. 2007) (CAT standard: torture by or with government acquiescence)
Reyes-Cardona v. Holder, [citation="565 F. App'x 366"] (6th Cir. 2014) (perceived wealth does not form a particular social group)
Cano-Huerta v. Holder, [citation="568 F. App'x 371"] (6th Cir. 2014) (same)
Palokaj v. Holder, [citation="510 F. App'x 464"] (6th Cir. 2013) (same)