NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

GUILLERMO ADAN DE LA TORRE

MAGDALENO,

Petitioner,

v. WILLIAM P. BARR, Attorney General,

Respondent. No. 15

- 72025 Agency No. A200

- 878

- 085

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals
Submitted September 18, 2019 **
Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges. Guillermo Adan De L a Torre

- Magdaleno , 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 hi s application for asylum, withholding of removal , and relief under the Convention

* 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

SEP 26 2019
MOLLY C. DWYER, CLERK U.S. COURT OF APPEAL S2

A gainst Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 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 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 in part and dismiss in part the petition for review.
De L a Torre

- Magdaleno fears harm in Mexico as a member of the social group of “ returnee[s] that [ have ] lived in the United States for m ore than ten
years .” The BIA did not err in finding that De L a Torre

- Magdaleno 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 applica nt 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 Delgado

Ortiz v. Holder , 600 F.3d 1148, 1151

- 52 (9th Cir. 2010) (concluding “returning Mexicans from the United States” did not constitute a particular social group)

. Thus, De L a Torre

- Magdaleno ’s withholding of removal claim fails.3

Substantial evidence supports the agency’s denial of CAT relief because De
L a Torre

- Magdaleno failed to show it is more likely than not that he would be tortured by or with the consent or acquiescence of the government of Mexico. See
Garcia

- Milian , 755 F. 3d at 1033

- 35 (concluding that petitioner did not establish the necessary “state action” for CAT relief). We lack jurisdiction to consider De L a Torre

- Magdaleno ’s contentions regarding his asylum claim because he did not exhaust them before the agency.
S ee Barron v. Ashcroft , 358 F.3d 674, 677

- 78 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency)

. PETITION FOR REVIEW DENIED in part ; DISMISSED in part
.