Case Explained: RIVAS GARCIA V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-06-29 The ninth-circuit denied the petition for review of the Board of Immigration Appeals’ order denying Josue Pedro Rivas-Garcia’s applications for asylum, withholding of removal, and relief under the Convention Against Torture. The court held that Rivas-Garcia failed to exhaust his arguments regarding persecution based on political opinion or membership in alternative particular social groups, as well as his challenges to the denial of CAT relief, because he did not raise these issues before the agency; this failure bars judicial review under 8 U.S.C. § 1252(d)(1) as a mandatory claim-processing rule. Regarding the claims that were exhausted, the court applied the substantial evidence standard and affirmed the agency’s finding that Rivas-Garcia failed to establish membership in a cognizable particular social group because his isolated and non-public resistance to gangs did not constitute a distinct social group. Furthermore, the court found substantial evidence supporting the conclusion that there was no nexus between the alleged harms and a protected ground, as the gang members’ threats were motivated by a desire for financial and physical support rather than membership in a particular social group. Consequently, because Rivas-Garcia failed to meet the lower standard of proof required for asylum, he necessarily failed to demonstrate eligibility for withholding of deportation under the higher “clear probability” standard. The practical consequence is that the petition is denied, the temporary administrative stay of removal is lifted, and the motion for a stay of removal is denied. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.