Moris Gonzalez Centeno v. Todd Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 29, 2026
Docket18-71499
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 29 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MORIS A. GONZALEZ CENTENO, No. 18-71499
Petitioner, Agency No. A094-172-743
v.
MEMORANDUM * 0F
TODD BLANCHE, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 27, 2026**
1F
Pasadena, California
Before: R. NELSON and H.A. THOMAS, Circuit Judges, and MARTÍNEZ-
OLGUÍN, District Judge.*** 2F
Moris Gonzalez Centeno is a native and citizen of El Salvador. He petitions
for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing
*
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 Araceli Martínez-Olguín, United States District Judge
for the Northern District of California, sitting by designation.
his appeal of an Immigration Judge’s (“IJ,” and, together with the BIA, “the
Agency”) denial of his application for asylum, withholding of removal, and
protection under the Convention Against Torture (“CAT”). We have jurisdiction
pursuant to 8 U.S.C. § 1252. We deny the petition.
“Where, as here, the BIA agrees with and incorporates specific findings of
the IJ while adding its own reasoning, we review both decisions.” Bhattarai v.
Lynch, 835 F.3d 1037, 1042 (9th Cir. 2016). We review legal questions de novo
and the Agency’s factual findings for substantial evidence. Perez-Portillo v.
Garland, 56 F.4th 788, 792 (9th Cir. 2022). Substantial evidence is a “highly
deferential” standard under which “we must accept the BIA’s factual findings as
‘conclusive unless any reasonable adjudicator would be compelled to conclude to
the contrary.’” Salguero Sosa v. Garland, 55 F.4th 1213, 1217–18 (9th Cir. 2022)
(quoting Nasrallah v. Barr, 590 U.S. 573, 584 (2020); 8 U.S.C. § 1252(b)(4)(B)).
1. Substantial evidence supports the BIA’s conclusion that Gonzalez
Centeno did not suffer past persecution. Gonzalez Centeno contends that the five-
dollar weekly protection fee he had to pay, the extortion attempts he experienced,
being required to transport gang members with weapons and drugs, and Mara
Salvatrucha’s (“MS-13”) threats against his daughter constitute past persecution.
But these arguments do not compel the conclusion that these incidents rose to the
level of persecution. See, e.g., Canales-Vargas v. Gonzales, 441 F.3d 739, 744 (9th
2 18-71499
Cir. 2006) (concluding that a petitioner who received written and telephonic
threats, but who was never physically harmed, did not experience past
persecution).
2. Substantial evidence supports the Agency’s conclusion that Gonzalez
Centeno failed to show a nexus between his political opinion and any potential
future persecution. Gonzalez Centeno contends that he fears future persecution on
account of his political opinion because he did not pay the extortion money that
MS-13 demanded. But he testified that he was unsure why MS-13 sought to extort
him. And he does not identify any evidence in the record that compels the
conclusion that his political opinion would be a “central reason” or “a reason” he
might be persecuted in the future. 8 U.S.C. §§ 1158(b)(1)(B)(i), 1231(b)(3)(C).
3. Substantial evidence supports the Agency’s conclusion that Gonzalez
Centeno is not entitled to CAT protection. Gonzalez Centeno argues that he is
more likely than not to suffer torture because he was forced to drive gang members
carrying weapons and drugs and was threatened and extorted. He also notes that
one of his coworkers was killed after speaking out about the Salvadoran
government and gangs. But these arguments do not compel the conclusion that
Gonzalez Centeno “is more likely than not to” suffer “cruel and inhuman
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treatment” in El Salvador. 8 C.F.R. §§ 1208.16(c)(2), 1208.18(a)(2). 1
3F
PETITION DENIED. 2 4F
1
We agree with the government that Gonzalez Centeno did not exhaust his
due process claim before the BIA. See Sola v. Holder, 720 F.3d 1134, 1135–36
(9th Cir. 2013) (per curiam) (holding that due process claims involving procedural
errors that the BIA could have corrected must be exhausted). We further conclude
that by failing to meaningfully challenge the Agency’s determination that his
particular social group (“PSG”) was not defined with particularity or socially
distinct, Gonzalez Centeno has forfeited these issues and accordingly cannot
establish the existence of his asserted PSG. See Hernandez v. Garland, 47 F.4th
908, 916 (9th Cir. 2022); Reyes v. Lynch, 842 F.3d 1125, 1133 (9th Cir. 2016).
2
The temporary stay of removal is lifted, and the motion to stay removal,
Dkt. No. 9, is denied.
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