NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ELISEO JIMENEZ

- ALVAREZ,

Petitioner,

v.
MERRICK B. GARLAND, Attorney General,

Respondent. No. 21

- 70640

Agency No. A206

- 406

- 731

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted July 13 , 2022 * * Pasadena, California

Before: FRIEDLAND and KOH, Circuit Judges, and KORMAN, ** * District Judge.

Eliseo Jimenez

- Alvarez (“ Petitioner ”) petitions for review of a n order of the
Board of Immigration Appeals (“BIA”) dismissing an appeal from a decision of

* 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).

*** The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation. 

# FILED

JUL 13 2022

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2

the Immigration Judge (“IJ”) denying his applications for withholding of removal

and protection under the Co nvention Against Torture (“CAT”). We dismiss the

petition in part and deny it in part

. 1

Petitioner contends that he will more likely than not face persecutio n on
account of his membership i n his family if he returns to Mexico

. T he IJ and BIA
rejected t his claim
, reason ing that e ven assuming the Jimenez

- Alvarez family were

a cognizable social group, Petitioner had failed to demonstrate a clear probability

of harm on account of his family membership

. S ubstantial evidence supports that

conclusio n

. 2 Petitioner bases his claim on the murders of two of his brothers in

Mexico in 1989 and 1991. The first brother, a former police officer, was killed by

gang members

. The second brother was killed for refusing to engage in corrupt ion

while serving as auxiliary mayor of his hometown ; it is unclear whether he was

killed by the mayor or by police officers who worked for the mayor

. Petitioner

testified that people connected with each of these murders threatened to kill

members of his family if the family pursued legal action against the killers

. At

least some of the se threats appear to have continue d to the present day

.

1 Pet itioner’s unopposed motion to submit this case on the briefs (Docket No. 29) is granted.

2 Because we hold that this aspect of the BIA’s reasoning is supported by substantial evidence, we need not address the BI A’s conclusion , in the alternative, that Pet itioner’s family is not a cognizable “particular social group” under 8 U.S.C. § 1101(a)(42)

.3

Nevertheless, Petitioner ’s mother and father have remained in Mexico for three

decades since the threats began , and there is no evidence that they or any other

members of the family have been harmed

. T he record thus does not compel the

conclusion that Petitioner would more likely than not suffer persecution in Mexico

on account of his fami ly membership. See Duran

- Rodriguez v. Barr , 918 F.3d
1025, 1028 (9th Cir. 2019) (“Under [the substantial evidence] standard, we must

uphold the agency determination unless the evidence compels a contrary
conclusion.”).

Substantial evidence also supports the agency’s determination that Petitioner

is not eligible for CAT relief

. To support his CAT claim, Petitioner relies on his
brothers’ murders and on generalized country reports about violence in Mexico.
Petitioner’s evidence does not compel the conclusion that he will more likely than

not be tortured by or with the acquiescence of government officials if he returns to

Mexico. See Delgado

- Ortiz v. Holde r , 600 F.3d 1148, 1152 (9th Cir. 2010)
(holding that “generalized evidence of violence and crim e in Mexico [that was] not
particular to Petitioners [was] insufficient to meet [the CAT] standard”)

. Finally, we lack jurisdiction to review Petitioner’s argument, raised for the

first time in his petition for review, that the IJ lacked jurisdiction over his removal

proceedings because the Notice to Appear omitted the time and date of the initial

hearing. We therefore dismiss the petition to the extent it raises an unexhausted4

challenge to the IJ’s jurisdiction. See 8 U.S.C. § 1252(d)(1); Barron v. Ashcr oft
, 358 F.3d 674, 678 (9th Cir. 2004)

.

P etition for review D ISMISSED in part and DENIED in part.