NOT FOR PUBLICATION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

JOSE LUIS LOPEZ

- ALGUERA , Petitioner ,

v. MERRICK B. GARLAND , Attorney General , Respondent

. No. 18

- 70524 Agency No. A205

- 484

- 629

MEMORANDUM *

On Petition for Review of a n Order of the Board of Immigration Appeals Submitted February 10, 2023 * * Portland, Oregon Before: MURGUIA, Chief Judge, and FORREST and SUNG, Circuit Judges. Petitioner Jose Luis Lopez

- Alguera appeals a decision and final order of the Board of Immigration Appeals (BIA) denying his application for asylum , withholding of removal , and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 12 52 and deny the petition

.

* 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

FEB 22 2023 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 Lopez

- Alguera ’s claims are based on a single incident that took place in his native El Salvador. After being beaten and robbed by four men, Lopez

- Alguera received a letter threatening further harm if he did not pay them additional money. A few days later, Lopez

- Alguera recognized one of the men as a uniformed police officer. He fled El Salvador shortly thereafter. Although Lopez

- Algu era raises numerous arguments on appeal , we only consider the grounds discussed by the BIA. Garcia v. Wilkinson , 988 F.3d 1136, 1142 (9th Cir. 2021). T he BIA denied Lopez

- Alguera’s claims for asylum and withholding of removal based solely on his failure to establish membership in a cognizable particular social group. An applicant for asylum must prove past or future persecution “on account of one or more protected grounds,” Villegas Sanchez v. Garland , 990 F.3d 1173, 1179 (9th Cir. 2021), one of which is “m embership in a particular social group.” 8 U.S.C. § 1158(b)(1)(B)(i). Before the BIA, Lopez

- Alguera argued that he is a member of the social group consisting of people “who are targeted by corrupt law enforcement because they are specifically identified as a threat to the continued practice of extortion and criminal activity among police officers.” However, in his opening brief filed in this co urt, Lopez

- Alguera frames his social group as “those who witness police corruption and are opposed to it

. ” These are two di stinct groups , and Lopez

Alguera may not re

- define his group on appeal. See Diaz

- Reynoso v. Barr , 968 F.3d3 1070, 1084 (9th Cir. 2020) (citing Matter of W

- Y

- C

- & H

- O

- B

- , 27 I. & N. Dec. 189,
191

– 92 (BIA 2018) )

. Having failed to make arguments in support of the social group that he presented to the BIA , Lopez

- Alguera has waived his challenge to the BIA’s decision on this issue. Lopez

- Vasq uez v. Holder , 706 F.3d 1072, 1079

– 80 (9th Cir. 2013)

. And since the standard for withholding of removal is the same as for asylum but “more stringent [,] ” Garcia , 988 F.3d at 1146, Lopez

- Alguera ’s arguments regarding withholding of removal are similarly waived

. Lopez

- Alguera ’s claim for protection under the CAT also fails . To receive CAT protection, he must show that he would more likely than not be tortured if removed. 8 C.F.R. § 1208.16(c)(2). While there is widespread violence and police corruption in El Salvador, these general country conditions do not establish that Lopez

- Alguera faces a particularized risk of torture rendering him eligible for CAT protection. Ruiz

- Colmenares v. Garland , 25 F.4th 742, 752 (9th Cir. 2022). A single incident of harm by a low

- level police officer in one town eight years ago does not create a greater than fifty percent chance that Lopez

- Alguera will be subject to “extreme,” “cruel,” and “inhuman” treatment by a public official if he is required to
return. Id. § 1208.18 (a) ; Hernandez v. Garland , 52 F.4th 757, 769 (9th Cir. 2022).
PETITION DENIED .