NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TANIA TERESA BAEZ CAMACHO; et 

al., 

Petitioners, 

 v. 

WILLIAM P. BARR, Attorney General, 

Respondent.

No. 16-70101 

Agency Nos. A206-498-705 

A206-498-681 

A206-498-706 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted September 8, 2020**

Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.

Tania Teresa Baez Camacho and her family, natives and citizens of Mexico, 

petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing 

their appeal from an immigration judge’s decision denying their applications for 

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

* 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 11 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 16-70101 

(“CAT”). We have jurisdiction under 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. Zehatye v. 

Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for 

review.

The agency did not err in determining that petitioners’ proposed particular 

social group of “small business owners of perceived wealth” is not cognizable. See

Reyes v. Lynch, 842 F.3d 1125, 1131 (9th Cir. 2016) (“The 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’” (citation omitted)); see also Ochoa v. Gonzales, 

406 F.3d 1166, 1171 (9th Cir. 2005) (a group of “business owners” did not 

constitute a particular social group), abrogated on other grounds by HenriquezRivas v. Holder, 707 F.3d 1081 (9th Cir. 2013) (en banc).

Substantial evidence supports the agency’s finding that petitioners failed to 

establish a nexus between the harm they experienced and fear, and a family-based 

particular social group. See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (an 

applicant “must provide some evidence of [motive], direct or circumstantial”); see 
3 16-70101 

also 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 a protected ground”).

Thus, petitioners’ asylum and withholding of removal claims fail.

Substantial evidence supports the agency’s denial of CAT relief because 

petitioners failed to show that it is more likely than not they will be tortured by or 

with the consent or acquiescence of the government if returned to Mexico. See

Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too 

speculative).

We reject as unsupported by the record petitioners’ contentions that the 

agency violated their due process rights or otherwise erred in its analysis of their 

claims.

As stated in the court’s March 30, 2016 order, the temporary stay of removal 

remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.