Dariel Alvarenga-Lopez v. William Barr, U. S. Atty

Case: 18-60651 Document: 00515113354 Page: 1 Date Filed: 09/11/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-60651 FILED Summary Calendar September 11, 2019 Lyle W. Cayce Clerk DARIEL ANTONIO ALVARENGA-LOPEZ, Petitioner, versus WILLIAM P. BARR, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals No. A 206 716 207 Before DAVIS, SMITH, and HIGGINSON, Circuit Judges. PER CURIAM: * Dariel Alvarenga-Lopez, a native and citizen of Honduras, petitions for * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 18-60651 Document: 00515113354 Page: 2 Date Filed: 09/11/2019 No. 18-60651 review of the order of the Board of Immigration Appeals (“BIA”) dismissing his appeal of the order of the immigration judge denying his claims for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Reviewing the BIA’s factual findings for substantial evidence and its legal conclusions de novo, Orellana-Monson v. Holder, 685 F.3d 511, 517−18 (5th Cir. 2012), we deny the petition. First, with respect to the claim for asylum based on membership in the particular social group (“PSG”) of “young Honduran male witnesses to a serious crime whom the Honduran government is unable or unwilling to protect,” there is no error in the BIA’s determination that the proposed PSG was not cogniza- ble because it failed to satisfy the social distinction and particularity require- ments. See Hernandez-de la Cruz v. Lynch, 819 F.3d 784, 786−87 (5th Cir. 2016). Second, because Alvarenga-Lopez failed to establish eligibility for asy- lum, he necessarily failed to meet the higher standard applicable to withhold- ing of removal. See Orellana-Monson, 685 F.3d at 518. Third, he fails to dem- onstrate error in the BIA’s rejection of his claim for CAT relief based on spec- ulation that he would be tortured with the acquiescence of government officials upon his return to Honduras. See Morales v. Sessions, 860 F.3d 812, 818 (5th Cir. 2017); Garcia v. Holder, 756 F.3d 885, 892 (5th Cir. 2014). The petition for review is DENIED. 2 18-60651 Court of Appeals for the Fifth Circuit ca5 5th Cir. Dariel Alvarenga-Lopez v. William Barr, U. S. Atty 11 September 2019 Immigration Unpublished 1826c5bfdd20c1ffa17a3ea032c18f394816260f

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