Gomez-Hernandez v. Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledNovember 3, 2026
Docket25-5372
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 3 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERICK GOMEZ-HERNANDEZ, No. 25-5372
Agency No.
Petitioner, A206-191-413
v.
MEMORANDUM*
TODD BLANCHE, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 29, 2026**
Seattle, Washington
Before: CHRISTEN and MILLER, Circuit Judges, and SYKES, District Judge.***
Erick Gomez-Hernandez, a native and citizen of Guatemala, petitions for
review of a Board of Immigration Appeals’ order dismissing his appeal of an
Immigration Judge’s decision denying his applications for asylum, withholding 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 Sunshine Suzanne Sykes, United States District Judge
for the Central District of California, sitting by designation.
removal, and protection under the Convention Against Torture. Because the
parties are familiar with the facts, we do not recount them here. We have
jurisdiction pursuant to 8 U.S.C. § 1252, and we deny the petition.
We review questions of law de novo and factual findings for substantial
evidence. Aleman-Belloso v. Bondi, 128 F.4th 1031, 1039 (9th Cir. 2024).
Whether a particular social group (PSG) is cognizable is a legal conclusion we
review de novo. Garcia v. Blanche, 183 F.4th 1067, 1071 (9th Cir. 2026). “[T]he
issue of social distinction . . . is a question of fact that we review for substantial
evidence.” Aleman-Belloso, 128 F.4th at 1043 (citation modified).
1. Gomez-Hernandez contends the agency erred by concluding that his eight
proposed PSGs are not cognizable because they are not socially distinct. But
Gomez-Hernandez does not provide any supporting argument to demonstrate that
the evidence compels the conclusion that his PSGs are socially distinct within
Guatemalan society. See Conde Quevedo v. Barr, 947 F.3d 1238, 1242–43 (9th
Cir. 2020). Because Gomez-Hernandez does not meaningfully challenge the
agency’s determinations as to his PSGs, we deem this argument forfeited. See
Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir. 1996) (“Issues raised in a
brief that are not supported by argument are deemed abandoned.”). Gomez-
Hernandez’s failure to establish the existence of a cognizable PSG forecloses his
claims for asylum and withholding. See Reyes v. Lynch, 842 F.3d 1125, 1132 &
2 25-5372
n.3 (9th Cir. 2016).
2. Gomez-Hernandez argues the agency erred by finding that he failed to
show he would “more likely than not be tortured with the consent or acquiescence
of a public official if removed to” Guatemala. Xochihua-Jaimes v. Barr, 962 F.3d
1175, 1183 (9th Cir. 2020). But Gomez-Hernandez’s references to general country
conditions do not compel the conclusion that the Guatemalan government would
acquiesce in his torture. B.R. v. Garland, 26 F.4th 827, 844-45 (9th Cir. 2022).
Gomez-Hernandez’s failure to establish government acquiescence forecloses his
claim for CAT relief.
PETITION DENIED.1
1
The motion to stay removal (Dkts. 3, 8) is DENIED.
3 25-5372