IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-60294

Summary Calendar

FREDDY CHAGALA-DOMINGUEZ,

Petitioner

v.

LORETTA LYNCH, U. S. ATTORNEY GENERAL,

Respondent

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A201 142 795

Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Freddy Chagala-Dominguez, a native and citizen of Mexico, petitions 

this court for review of the decision of the Board of Immigration Appeals (BIA) 

dismissing his appeal of the immigration judge’s (IJ) denial of his applications 

for asylum, withholding of removal, and relief under the Convention Against 

Torture. He claims that Los Zetas gang members engaged in extortion against 

him and his family members. Because Chagala-Dominguez has not challenged 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

May 23, 2016

Lyle W. Cayce

Clerk

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No. 15-60294

2

the BIA’s conclusion that his asylum claim was time-barred and that he was 

not entitled to relief under the Convention Against Torture, such claims are 

abandoned. Thuri v. Ashcroft, 380 F.3d 788, 793 (5th Cir. 2004).

Because the BIA agreed with the findings and conclusions of the IJ, we 

review both decisions. Zhu v. Gonzales, 493 F.3d 588, 593-94 (5th Cir. 2007). 

We review an immigration court’s findings of fact for substantial evidence. 

Wang v. Holder, 569 F.3d 531, 536 (5th Cir. 2009). We may not reverse an 

immigration court’s factual findings unless “the evidence was so compelling 

that no reasonable factfinder could conclude against it.” Id. at 537. Among 

the findings that we review for substantial evidence are the factual conclusions 

that an alien is not eligible for withholding of removal. Zhang v. Gonzales, 432 

F.3d 339, 344 (5th Cir. 2005).

Chagala-Dominguez makes two arguments challenging the BIA’s denial 

of his claim for withholding of removal: (1) that the IJ and the BIA ignored 

facts in the record which showed that he suffered past persecution; and (2) that 

the IJ erred in concluding that he did not belong to a particular social group 

composed of family members of truck drivers who are victims of organized 

crime.

An applicant for withholding of removal must establish that it is “more 

likely than not” that his life or freedom would be threatened by persecution on 

account of a protected status, including membership in a particular social 

group. Roy v. Ashcroft, 389 F.3d 132, 138 (5th Cir. 2004).

Regarding Chagala-Dominguez’s claim of past persecution, we do not 

recognize economic extortion as a form of persecution. See Castillo-Enriquez 

v. Holder, 690 F.3d 667, 668 (5th Cir. 2012). Further, a claim of persecution 

cannot be based on mere threats without actual harm. See Eduard v. Ashcroft, 

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379 F.3d 182, 188 (5th Cir. 2004); Tesfamichael v. Gonzales, 469 F.3d 109, 116 

(5th Cir. 2006)).

Chagala-Dominguez argues that he will more likely than not be 

persecuted based on his membership in the claimed social group of “family 

members of truck drivers in Mexico who have been targeted by the Zetas” if he 

returns to Mexico. Chagala-Dominguez has not established sufficient 

particularity and social visibility of this group, because, based on ChagalaDominguez’s own admissions, virtually all Mexicans face similar dangers. 

Chagala-Dominguez has failed to show that the Zetas targeted him and his 

family members on the basis of any particular identifying factors. See

Orellana-Monson v. Holder, 685 F.3d 511, 521-22 (5th Cir. 2012); Roy, 389 F.3d 

at 138. Accordingly, we find that substantial evidence supported the BIA’s 

findings. See Roy, 389 F.3d at 138-39.

The petition for review is DENIED.

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