NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CESAR MENESES PILLADO, AKA Cesar Pillado, Petitioner,

v. WILLIAM P. BARR, Attorney General,

Respondent. No. 19

- 71508 Agency No. A095

- 739

- 267

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.
Cesar Men e ses Pillado , a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

* 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 15 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 19

- 71508

Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Garcia

- Milian v. Holder , 755 F.3d 1026,
103 1 (9th Cir. 2014)

. 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 , 37 1 F.3d 532, 535 (9th Cir. 2004). We deny in part and dismiss in part the petition for review. In his opening brief, Meneses Pillado does not contend that the BIA erred in its determination that he waived any challenge to the IJ’s determination that asylum was time barred. Se e 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). We lack jurisdiction to consider Meneses Pillado’s contention s regarding the merits of his asylum claim because he failed to raise them to the
BIA

. See Barron v. Ashcroft , 358 F.3d 674, 677

- 78 (9th Cir. 2004) (court l acks jurisdiction to review claims not presented to the agency).
Substantial evidence supports the agency’s determination that Meneses Pillado failed to demonstrate that the harm he experienced or fears was or would
be on account of a protected ground. See Zetino v. Holder , 622 F.3d 1007, 1016 (9th Cir. 2010) (an applicant’s “desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a3 19

- 71508

protected ground”)

. The agency did not err in finding that the proposed social group based on Meneses Pillado’s status as a returnee to Mexico was not cognizable

. 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 Delgado

Ortiz v. Holder , 600 F.3d 1148, 115 1

- 52 (9th Cir. 2010) ( concluding “returning Mexicans from the United States” did not constitute a particular social group). The record does not support Meneses Pillado’s co ntention s that the agency failed to consider other protected grounds or otherwise erred in the analysis of his
claims. Thus, Meneses Pillado’s withholding of removal claim fails. We lack jurisdiction to consider Meneses Pillado’s argument regarding

cance llation of removal and any argument as to the merits of his claim for CAT
relief because he failed to raise them to the agency. See Barron , 358 F.3d at 677

- 78 (court lacks jurisdiction to review claims not presented to the agency)

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