Dehesa Vargas v. Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 30, 2026
Docket23-724
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 30 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ADRIAN DEHESA VARGAS, No. 23-724
Agency No.
Petitioner, A200-552-501
v.
MEMORANDUM*
TODD BLANCHE, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 22, 2026**
San Francisco, California
Before: FORREST and TUNG, Circuit Judges, and COLLINS, District Judge.***
Adrian Dehesa Vargas, a citizen of Mexico, seeks review of a decision by the
Board of Immigration Appeals (BIA) affirming the denial by an immigration judge
(IJ) of his claims for cancellation of removal, withholding of removal, and relief
*
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 Raner C. Collins, United States District Judge for the
District of Arizona, sitting by designation.
under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C.
§ 1252, and we deny the petition for review. “Where, as here, the BIA cites Matter
of Burbano, 20 I. & N. Dec. 872 (BIA 1994), and adds its own analysis to the IJ’s,
we review both Agency decisions.” Aleman-Belloso v. Bondi, 128 F.4th 1031, 1039
(9th Cir. 2024).
1. Withholding of Removal. To obtain statutory withholding of removal,
“a petitioner must establish a ‘clear probability’ that his ‘life or freedom would be
threatened’ if he returned to his homeland on account of ‘race, religion, nationality,
membership in a particular social group, or political opinion.’” Shrestha v. Holder,
590 F.3d 1034, 1039 (9th Cir. 2010) (quoting Ahmed v. Keisler, 504 F.3d 1183, 1199
(9th Cir. 2007)). A proposed particular social group is cognizable if it is “(1)
composed of members who share a common immutable characteristic, (2) defined
with particularity, and (3) socially distinct within the society in question.” Conde
Quevedo v. Barr, 947 F.3d 1238, 1242 (9th Cir. 2020) (citation and internal
quotation marks omitted). “Whether a group constitutes a [particular social group] .
. . is a question of law we review de novo.” Santos-Ponce v. Wilkinson, 987 F.3d
886, 890 (9th Cir. 2021) (quoting Perdomo v. Holder, 611 F.3d 662, 665 (9th Cir.
2010)). But factual conclusions, such as whether “there is evidence that a specific
society recognizes a social group,” are “question[s] of fact that we review for
substantial evidence.” Conde Quevedo, 947 F.3d at 1242.
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Dehesa Vargas’s proposed social group, repatriated Mexican males who
oppose gang violence, is not socially distinct because there is no evidence that
Mexican culture recognizes this group. See id. Nor is this proposed group
sufficiently particular because it is not “narrowly defined.” Delgado-Ortiz v. Holder,
600 F.3d 1148, 1151 (9th Cir. 2010); see also id. at 1151–52 (determining that
“returning Mexicans from the United States” was too broad to be defined with
particularity); Santos-Ponce, 987 F.3d at 890 (rejecting “minor Christian males who
oppose gang membership” as “not sufficiently particular or socially distinct.”). For
these reasons, the agency did not err in denying Dehesa Vargas’s claim for
withholding of removal.
2. Cancellation of Removal. The IJ also did not err in denying Dehesa
Vargas’s claim for cancellation of removal. To qualify for this relief, a petitioner
“must show that his removal would result in a certain kind of hardship—‘exceptional
and extremely unusual’—to a qualifying relative.” Gonzalez-Juarez v. Bondi, 137
F.4th 996, 1005 (9th Cir. 2025) (quoting 8 U.S.C. § 1229b(b)(1)(D)). The asserted
“hardship must be out of the ordinary and exceedingly uncommon.” Id. at 1006. If
the relative is a child, the petitioner ordinarily must prove that the child suffers from
“very serious health issues, or compelling special needs in school.” Fernandez v.
Mukasey, 520 F.3d 965, 966 (9th Cir. 2008) (citation omitted). We “review the
agency’s ‘exceptional and extremely unusual hardship’ determination for substantial
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evidence, but we lack jurisdiction to review the factual findings underlying that
determination.” Torres-Casas v. Blanche, 182 F.4th 1121, 1128 (9th Cir. 2026)
(citation omitted).
Substantial evidence supports the IJ’s determination. While Dehesa Vargas’s
son has dealt with hearing issues and requires special educational assistance for
ADHD, his health issues and performance in school have significantly improved.
Moreover, there is no evidence that his son’s educational assistance will cease after
Dehesa Vargas’s removal, and other relatives may fill the caretaking and financial
roles that Dehesa Vargas currently occupies. And although Dehesa Vargas argues
that the IJ failed to consider all the evidence he provided, the agency is not required
to “individually identify and discuss every piece of evidence in the record.”
Gonzalez-Juarez, 137 F.4th at 1008 (quoting Hernandez v. Garland, 52 F.4th 757,
770 (9th Cir. 2022)). Accordingly, we lack any reason to overturn the agency’s
decision.1
3. CAT Relief. To obtain relief under CAT, Dehesa Vargas “must
establish that it is more likely than not that [he] would be tortured if returned to
1
In his reply brief, Dehesa Vargas argues for the first time that his U.S. citizen
children residing in Mexico might suffer because they will lose the financial support
he currently provides. But economic disadvantage alone is insufficient. See Ramirez-
Durazo v. I.N.S., 794 F.2d 491, 498 (9th Cir. 1986). And in any event, the argument
is forfeited. See Turtle Island Restoration Network v. U.S. Dep’t of Commerce, 672
F.3d 1160, 1166 n.8 (9th Cir. 2012).
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Mexico.” Delgado-Ortiz, 600 F.3d at 1152. We review the BIA’s determination that
a petitioner is not eligible for protection under CAT for substantial evidence.
Lalayan v. Garland, 4 F.4th 822, 840 (9th Cir. 2021).
Contrary to Dehesa Vargas’s contention, there is no evidence that the agency
applied the wrong legal standard to his claim.2 And substantial evidence supports
the IJ’s determination that there was not a likelihood of torture from either Dehesa
Vargas’s brother, who threatened him with a gun in the past, or Mexican gangs.
Dehesa Vargas’s brother now lives in the United States. And the lone threat Dehesa
Vargas received from a gang occurred over 20 years ago. Neither threat was of the
severity required to show a probability of future persecution, let alone torture. See
Duran-Rodriguez v. Barr, 918 F.3d 1025, 1028 (9th Cir. 2019). Further, the country
condition reports demonstrate only the existence of general violence in Mexico, not
a risk of violence or torture particular to Dehesa Vargas. Dhital v. Mukasey, 532
F.3d 1044, 1051–52 (9th Cir. 2008).
PETITION DENIED.
2
The disconnect between the argument Dehesa Vargas’s counsel made and the
standard applied by the agency stems from counsel copying and pasting into Dehesa
Vargas’s brief an argument from a different matter, evidenced by this section
referencing both Dehesa Vargas and a petitioner with a different name.
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