Larios v. Holder, 608 F.3d 105 (1st Cir. 2010). · Go Syfert
Larios v. Holder, 608 F.3d 105 (1st Cir. 2010). Cases Citing This Book View Copy Cite
“young guatemalan men recruited by gang members who resist such recruitment”
57 citation events (57 in the last 25 years) across 5 distinct courts.
Strongest positive: Aguilon-Lopez v. Lynch (ca1, 2016-12-12)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Aguilon-Lopez v. Lynch (3×) also: Cited as authority (rule), Cited "see"
1st Cir. · 2016 · quote attribution · 1 verbatim quote · confidence high
young guatemalan men recruited by gang members who resist such recruitment
discussed Cited as authority (rule) Cortez-Mejia v. Garland
1st Cir. · 2024 · confidence medium
The agency's factual determinations, then, "must stand unless the record evidence . . . compel[s] a reasonable fact-finder to make a contrary determination." Larios v. Holder, 608 F.3d 105, 107 (1st Cir. 2010); see Elias-Zacarias, 502 U.S. at 481 n.1 ("To reverse the BIA finding we must find that the evidence not only supports that conclusion, but compels it." (emphases in original)).
discussed Cited as authority (rule) Alvarado-Reyes v. Garland
1st Cir. · 2024 · confidence medium
To begin, "we have held time and time again that the" BIA's affirmance-without-opinion "procedure constitutes 'a valid exercise of the Attorney General's discretion to fashion its own rules of procedure.'" Larios v. Holder, 608 F.3d 105, 108 (1st Cir. 2010) (quoting Mekhoukh v. Ashcroft, 358 F.3d 118, 130 (1st Cir. 2004)).
cited Cited as authority (rule) Vila-Castro v. Garland
1st Cir. · 2023 · confidence medium
"We review the BIA's and IJ's interpretations of law de novo, 'subject to appropriate principles of administrative deference.'" Id. (quoting Larios v. Holder, 608 F.3d 105, 107 (1st Cir. 2010)).
discussed Cited as authority (rule) Mendez Esteban v. Garland
1st Cir. · 2023 · confidence medium
Standard of Review We review the BIA's decision in this case as the agency's final decision and look to the IJ's decision only "to the extent that the BIA deferred to or adopted the IJ's reasoning." Chavez v. Garland, 51 F.4th 424, 429 (1st Cir. 2022). 3Accompanying his petition, Mendez filed an unopposed motion to stay his removal, which this court granted on April 1, 2022. - 8 - Questions of law are reviewed de novo, "subject to appropriate principles of administrative deference." Larios v. Holder, 608 F.3d 105, 107 (1st Cir. 2010).
discussed Cited as authority (rule) Hernandez-Martinez v. Garland
1st Cir. · 2023 · confidence medium
"Where the BIA summarily affirms the IJ's asylum determination, as is the case here, we review the IJ's decision as if it were the decision of the BIA." Larios v. Holder, 608 F.3d 105, 107 (1st Cir. 2010).
discussed Cited as authority (rule) Menjivar Bonilla v. Garland
1st Cir. · 2022 · confidence medium
Claims of legal error are reviewed "de novo, 'subject to appropriate principles of administrative deference.'" Ordonez- Quino v. Holder, 760 F.3d 80, 87 (1st Cir. 2014) (quoting Larios v. Holder, 608 F.3d 105, 107 (1st Cir. 2010)).
discussed Cited as authority (rule) Luistilus Bonnet v. Garland
1st Cir. · 2021 · confidence medium
We review claims of legal error "de novo, 'subject to appropriate principles of administrative deference.'" Ordonez- Quino, 760 F.3d at 87 (quoting Larios v. Holder, 608 F.3d 105, 107 (1st Cir. 2010)). - 6 - III.
discussed Cited as authority (rule) Enamorado-Rodriguez v. Barr
1st Cir. · 2019 · confidence medium
The Evidence of Mixed Motive We review the IJ's findings of fact, adopted by the BIA, under the substantial evidence standard, which requires that we respect findings "supported by reasonable, substantial, and probative evidence on the record considered as a whole." Ordonez- Quino v. Holder, 760 F.3d 80, 87 (1st Cir. 2014) (quoting Larios - 24 - v. Holder, 608 F.3d 105, 107 (1st Cir. 2010)). 4 There is substantial evidence to support the agency's findings if the record does not compel a contrary factual finding but simply "supports a conclusion contrary to that reached by the BIA." See Hincapi…
discussed Cited as authority (rule) W-Y-C-& H-O-B
BIA · 2018 · confidence medium
See Eduard v. Ashcroft, 379 F.3d 182 , 195 n.14 (5th Cir. 2004); see also Prabhudial v. Holder, 780 F.3d 553, 555 (2d Cir. 2015) (“It is a basic rule of appellate review, judicial or administrative, that the appellate body may conclude that an argument not advanced before a lower court has been waived.”); Larios v. Holder, 608 F.3d 105, 110 (1st Cir. 2010); Pinos-Gonzalez v. Mukasey, 519 F.3d 436 , 440–41 (8th Cir. 2008) (holding that the Board, as an appellate body, has discretionary authority to refuse to consider arguments not raised below); Torres de la Cruz v. Maurer, 483 F.3d 1013 …
discussed Cited as authority (rule) A-B
unknown court · 2018 · confidence medium
For example, groups comprising persons who are “resistant to gang violence” and susceptible to violence from gang members on that basis “are too diffuse to be recognized as a particular social group.” Constanza v. Holder, 647 F.3d 749, 754 (8th Cir. 2011); see also, e.g., S-E-G-, 24 I&N Dec. at 588; Lizama v. Holder, 629 F.3d 440, 447 (4th Cir. 2011); Larios v. Holder, 608 F.3d 105, 109 (1st Cir. 2010); Lushaj v. Holder, 380 F. App’x 41, 43 (2d Cir. 2010); Barrios v. Holder, 581 F.3d 849, 855 (9th Cir. 2009).
discussed Cited as authority (rule) Marroquin-Rivera v. Sessions
1st Cir. · 2017 · confidence medium
We review the agency’s findings of fact under the “substantial evidence” standard to determine if those findings are “supported by reasonable, substantial, and probative evidence on the record considered as a whole.” Ordonez-Quino v. Holder, 760 F.3d 80, 87 (1st Cir. 2014) (quoting Larios v. Holder, 608 F.3d 105, 107 (1st Cir. 2010)).
discussed Cited as authority (rule) Hurtado v. Lynch
1st Cir. · 2016 · confidence medium
See Mayorga-Vidal v. Holder, 675 F.3d 9 (1st Cir.2012) (affirming the BIA’s decision that “young Salvadoran men who have already resisted gang recruitment and whose parents are unavailable to protect them,” id. at 15 , do not *93 constitute a particular social group, id. at 17-18 ); Arévalo-Girón v. Holder, 667 F.3d 79, 83 (1st Cir.2012) (explaining that “mere vulnerability to criminal predations cannot define - a cognizable social group”); Larios v. Holder, 608 F.3d 105, 109 (1st Cir.2010) (concluding that the Guatemalan petitioner’s proposed social group of “youth resistant t…
discussed Cited as authority (rule) Paul Roach v. Loretta Lynch
5th Cir. · 2015 · confidence medium
See, e.g., Gaitan v. Holder, 671 F.3d 678, 682 (8th Cir.2012) (holding that "young males from El Salvador who have been subjected to recruitment” by gangs and who "have rejected or resisted membership in the gang based on personal opposition to the gang” was not "sufficiently narrowed to cover a discrete class of persons who would be perceived as a group by the rest of society” and thus was not a particular social group); Zelaya v. Holder, 668 F.3d 159, 165-67 (4th Cir.2012) (holding that "young Honduran males who refused to join gangs" and who had a "an identifiable tormenter within the…
discussed Cited as authority (rule) Paiz-Morales v. Lynch
1st Cir. · 2015 · confidence medium
See Gardas-Callejas v. Holder, 666 F.3d 828 , 829- *245 30 (1st Cir.2012) (rejecting targets of gang recruitment in El Salvador as a particular social group); Larios v. Holder, 608 F.3d 105, 108-09 (1st Cir.2010) (rejecting the proposed group “young Guatemalan men recruited by gang members who resist such recruitment”).
discussed Cited as authority (rule) United States Department of the Interior v. Federal Energy Regulatory Commission
1st Cir. · 2015 · confidence medium
See Ordonez-Quino v. Holder, 760 F.3d 80, 87 (1st Cir. 2014) (explaining that the “appropriate principles of administrative deference” include “the familiar and deferential substantial evidence standard,” which means that a court will “re spect [the- agency’s] findings so long as they are ‘supported by reasonable, substantial, and probative evidence on the record as a whole.’ ” (quoting Ivanov v. Holder, 736 F.3d 5, 11 (1st Cir. 2013); Larios v. Holder, 608 F.3d 105, 107 (1st Cir. 2010)) (internal quotation marks omitted))..
discussed Cited as authority (rule) Aldana Ramos v. Holder, Jr.
1st Cir. · 2014 · confidence medium
The IJ did make a stray reference to “social visibility” — that is, the requirement that a particular social group must be identifiable, see Larios v. Holder, 608 F.3d 105, 108-09 (1st Cir.2010); Gebremichael v. I.N.S., 10 F.3d 28, 36 (1st Cir.1993) — but offered no specific factual findings or legal rationales to explain why petitioners' family could not be a particular social group on that basis.
cited Cited as authority (rule) Ordonez-Quino v. Holder
1st Cir. · 2014 · confidence medium
We review the BIA’s and IJ’s interpretations of law de novo, “subject to appropriate principles of administrative deference.” Larios v. Holder, 608 F.3d 105, 107 (1st Cir.2010).
discussed Cited as authority (rule) Aldana Ramos v. Holder, Jr.
1st Cir. · 2014 · confidence medium
It is well established in the law of this circuit that a 3 The IJ did make a stray reference to "social visibility" -- that is, the requirement that a particular social group must be identifiable, see Larios v. Holder, 608 F.3d 105, 108-09 (1st Cir. 2010); Gebremichael v. I.N.S., 10 F.3d 28, 36 (1st Cir. 1993) -- but offered no specific factual findings or legal rationales to explain why petitioners' family could not be a particular social group on that basis.
examined Cited as authority (rule) Ivanov v. Holder, Jr. (4×)
1st Cir. · 2013 · confidence medium
Larios v. Holder, 608 F.3d 105, 107 (1st Cir. 2010).
discussed Cited as authority (rule) Tay-Chan v. Holder
1st Cir. · 2012 · confidence medium
The term “social group,” one of the protected grounds, is not defined by statute, and we have upheld the BIA’s definition. 5 *112 See, e.g., Beltrand-Alas v. Holder, 689 F.3d 90, 93-94 (1st Cir.2012); Larios v. Holder, 608 F.3d 105, 108 (1st Cir.2010); Mendez-Barrera, 602 F.3d at 25 ; Faye v. Holder, 580 F.3d 37, 41 (1st Cir.2009); Scatambuli v. Holder, 558 F.3d 53, 59-60 (1st Cir.2009).
discussed Cited as authority (rule) Gomez-Medina v. Holder, Jr.
1st Cir. · 2012 · confidence medium
We review any legal conclusions de novo, “subject to appropriate principles of administrative deference,” Larios v. Holder, 608 F.3d 105, 107 (1st Cir.2010), and accept all findings of fact “that are supported by substantial evidence on the record as a whole,” Morgan v. Holder, 634 F.3d 53, 57 (1st Cir.2011). *37 A. Denial of Continuance Counsel for Gomez-Medina argues that the IJ erred in failing to consider her emergency motion to continue.
discussed Cited as authority (rule) Mayorga-Vidal v. Holder
1st Cir. · 2012 · confidence medium
See id. at 830 (collecting cases that decline protected social group status for young Salvadoran men or women recruited by gang members or those who resist such recruitment); see, e.g., Diaz v. Holder, 459 Fed.Appx. 4, at 5-6 , No. 11-1125, 2012 WL 372664 , at *2 (1st Cir, Feb. 7, 2012); Socop v. Holder, 407 Fed.Appx. 495, 498 (1st Cir.2011); Mendez-Barrera, 602 F.3d at 26-27 ; Larios v. Holder, 608 F.3d 105, 109 (1st Cir.2010).
cited Cited as authority (rule) Ruano Diaz v. Holder
1st Cir. · 2012 · confidence medium
See Sicaju-Diaz v. Holder, 663 F.3d 1, 4 (1st Cir.2011); Larios v. Holder, 608 F.3d 105, 109 (1st Cir.2010).
discussed Cited as authority (rule) Constanza v. Holder
8th Cir. · 2011 · confidence medium
See, e.g., Matter of S-E-G-, 24 I. & N. Dec. 579, 588 (BIA 2008); Lizama v. Holder, 629 F.3d 440, 447 (4th Cir.2011); Larios v. Holder, 608 F.3d 105, 109 (1st Cir. 2010); Lushaj v. Holder, 380 Fed.Appx. 41, 43 (2d Cir.2010); Barrios v. Holder, 581 F.3d 849, 855 (9th Cir.2009); cf Marroquin-Ochoma v. Holder, 574 F.3d 574 (8th Cir.2009) (resistance to gang recruitment is not political opinion and, therefore, not a protected ground for withholding of removal).
discussed Cited as authority (rule) Castaneda-Castillo v. Holder
1st Cir. · 2011 · confidence medium
The term “social group” is not statutorily defined, but has been described as “a group of persons sharing a common, immutable characteristic that makes the group socially visible and sufficiently particular.” Larios v. Holder, 608 F.3d 105, 108 (1st Cir.2010) (internal quotation marks and citation omitted).
discussed Cited "see" Johana Cece v. Eric Holder, Jr. (2×)
7th Cir. · 2013 · signal: see · confidence high
See Larios v. Holder, 608 F.3d 105, 109 (1st Cir. 2010) (“There are, for example, questions about who may be considered ‘young,’ … [this is an] ambiguous group character- istic[], largely subjective, that fail to establish a sufficient level 1 The en banc court rejected the formulation of young single Albania women in favor of “young Albania women living alone.” Opinion at 11 n.3. 42 No. 11-1989 of particularity.” (quoting Mendez-Barrera v. Holder, 602 F.3d 21, 27 (1st Cir. 2010))).
cited Cited "see" Boj Xum v. Holder, Jr.
1st Cir. · 2011 · signal: see · confidence high
See Larios v. Holder, 608 F.3d 105, 109 (1st Cir.2010) (approving BIA application of Matter of S-E-G to Guatemalan petitioner claiming membership in group of Guatemalan gang resistors). 2 *499 b.
discussed Cited "see" McGruer v. Holder, Jr.
1st Cir. · 2010 · signal: see · confidence high
See Larios v. Holder, 608 F.3d 105, 110 (1st Cir.2010) (“[Bjecause [petitioner] failed to properly raise this claim before the IJ, this argument is deemed waived on appeal.”); Ahmed v. Holder, 611 F.3d 90, 97 (1st Cir.2010) (“[A]rguments not made before the BIA may not make their debut in a petition for judicial review of the BIA’s final order.”).
discussed Cited "see, e.g." Lemus-Aguilar v. Garland
1st Cir. · 2024 · signal: see also · confidence medium
See Mendez-Barrera, 602 F.3d at 27 ; see also Larios v. Holder, 608 F.3d 105, 109 (1st Cir. 2010) (rejecting the proposed social group of "youth resistant to gang recruitment" as insufficiently particular and lacking social visibility). - 10 - Additionally, while Lemus-Aguilar presented a declaration from a female neighbor in La Palma whom gang members also targeted for extortion by threatening to harm her family members, no record evidence indicates whether that neighbor shared any characteristics with "single, Salvadoran mothers with no familial protection" or whether the gang targeted her o…
discussed Cited "see, e.g." Ramos-Gutierrez v. Garland
1st Cir. · 2024 · signal: see, e.g. · confidence medium
See, e.g., Larios v. Holder, 608 F.3d 105, 109 (1st Cir. 2010) (determining that claimed particular social group of "youth resistant to gang recruitment" lacked social visibility and was insufficiently particular). - 11 - Consistent with this binding precedent, the BIA and IJ did not err in determining that the claimed particular social group is not cognizable.
discussed Cited "see, e.g." Reyes-Ramos v. Garland
1st Cir. · 2023 · signal: see also · confidence medium
See Mendez-Barrera v. Holder, 602 F.3d 21, 27 (1st Cir. 2010) (stating that "[t]he relevant inquiry is whether the social group is visible in the - 10 - society, not whether the alien herself is visible to the alleged persecutors"); see also Perez-Trujillo v. Garland, 3 F.4th 10 , 17- 18 (1st Cir. 2021) (holding that a proposed social group of "young, male, Salvadoran students who are forcibly recruited into gangs, refuse gang orders, and leave the gang" lacked social visibility, as that group was not "generally recognized in the community as a cohesive group" (second quoting Larios v. Holder,…
discussed Cited "see, e.g." Garcia-Callejas v. Holder
1st Cir. · 2012 · signal: see also · confidence medium
Mendez-Barrera v. Holder, 602 F.3d 21, 27 (1st Cir.2010); see also Larios v. Holder, 608 F.3d 105, 108-09 (1st Cir.2010) (“young Guatemalan men recruited by gang members who resist such recruitment”); Díaz Ruano v. Holder, 420 Fed.Appx. 19, 21-22 (1st Cir.2011) (unpublished opinion) (“young male[s] sought out for information and recruitment by the criminal gang of Guatemala”).
cited Cited "see, e.g." Sicaju-Diaz v. Holder
1st Cir. · 2011 · signal: see also · confidence low
See also Larios v. Holder, 608 F.3d 105 , 108 (1st Cir.2010); In re S-E-G-, 24 I. & N. Dec. 579, 588 (BIA 2008); In re Acosta, 19 I. & N. Dec. 211, 233-34 (BIA 1985). 3 .
Retrieving the full opinion text from the archive…
Maynor Alonso LARIOS, Petitioner,
v.
Eric H. HOLDER, Jr., Attorney General, Respondent
09-1869.
Court of Appeals for the First Circuit.
Jun 21, 2010.
608 F.3d 105
Martin D. Harris on brief for petitioner., Tony West, Assistant Attorney General, Civil Division, James A. Hunolt, Senior Litigation Counsel, and Nehal H. Kamani, Trial Attorney, Office of Immigration Litigation, Civil Division, on brief for respondent.
Torruellá, Boudin, Thompson.
Cited by 38 opinions  |  Published
THOMPSON, Circuit Judge.

Petitioner Maynor Alonso Larios (Larios) is a native and citizen of Guatemala. He seeks review of the Board of Immigration Appeals’ (BIA) final order, affirming without opinion the Immigration Judge’s (IJ) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Limiting his appeal to the asylum issue, Larios argues that the BIA violated his due process rights by summarily affirming a decision in which the IJ allegedly failed to consider all of his claims for relief. For the reasons that follow, we deny the petition for review.

BACKGROUND

Larios first arrived in the United States on or about July 29, 2005. He was fourteen years old. On September 2, 2005, the Department of Homeland Security (DHS) filed a Notice to Appear (NTA) with the immigration court, commencing removal[*107] proceedings against Larios. DHS maintained that Larios was subject to removal under § 212(a)(6)(A)® of the Immigration and Nationality Act (INA), 8 U.S.C. § 1182(a)(6)(A)®, as an alien present in the United States without admission or parole. [1] In his “Respondent’s Pleadings,” dated August 9, 2006, Larios, through counsel, admitted the truth of the allegations in the NTA and conceded removability. On June 27, 2006, Larios submitted his application for asylum, withholding of removal, and protection under CAT. After an evidentiary hearing held on October 1, 2008, the IJ issued an oral decision denying Larios’s application for asylum, withholding of removal, and CAT claims. Finding Larios ineligible for relief because he failed to establish that he faced future persecution on account of a protected ground, the IJ ordered Larios removed to Guatemala. [2] On appeal to the BIA, the BIA affirmed the IJ’s decision without issuing a separate opinion. This petition for review followed.

STANDARD OF REVIEW

In immigration cases, we review findings of fact, including credibility determinations, under the highly deferential “substantial evidence” standard. Olujoke v. Gonzales, 411 F.3d 16, 21 (1st Cir.2005). Accordingly, we must affirm the findings upon which the decision is based if they are “supported by reasonable, substantial, and probative evidence on the record considered as a whole.” I.N.S. v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). This means that the findings must stand unless the record evidence is such as to compel a reasonable fact-finder to make a contrary determination. Olujoke, 411 F.3d at 21; see also 8 U.S.C. § 1252(b)(4)(B). We review the agency’s legal interpretations de novo, subject to appropriate principles of administrative deference. See Naeem v. Gonzales, 469 F.3d 33, 36 (1st Cir.2006). We also review de novo whether immigration procedures comport with due process. Walker v. Holder, 589 F.3d 12,18 (1st Cir.2009).

Where the BIA summarily affirms the IJ’s asylum determination, as is the case here, we review the IJ’s decision as if it were the decision of the BIA. Olujoke, 411 F.3d at 21; see also Albathani v. 1. N.S., 318 F.3d 365, 373 (1st Cir.2003)(quoting Gao v. Ashcroft, 299 F.3d 266, 271 (3d Cir.2002)(“Ordinarily, Courts of Appeals review decisions of the [BIA], and not those of an IJ. When the BIA does not render its own opinion, however, and either defers [to] or adopts the opinion of the IJ, a Court of Appeals must then review the decision of the IJ.”)).

DISCUSSION

Larios’s Arguments

While Larios’s brief is far from a paragon of clarity, he seems to be arguing two[*108] separate points. First, he contends — • though vaguely at best — that the affirmance without opinion (AWO) procedure in and of itself is constitutionally infirm. Consequently, the Government addressed the issue in its reply brief. Second, Larios argues that the BIA’s use of the AWO procedure in this instance violated his due process rights because the IJ allegedly failed to consider all the grounds for relief raised by him. More specifically, Larios claims that even though the IJ made findings as to the particular social group of youth resistant to gangs, the IJ failed to specifically address Larios’s claim that if deported, Larios would be a street child. We will discuss these two arguments sequentially. We begin by addressing briefly the constitutionality of the AWO procedure.

AWO Procedure

As a general matter, we have held time and time again that the AWO procedure constitutes “a valid exercise of the Attorney General’s discretion to fashion its own rules of procedure.” Mekhoukh v. Ashcroft, 358 F.3d 118, 130 (1st Cir.2004); see also Albathani, 318 F.3d at 377. As we stated in Albathani, “promulgation of the AWO regulations is within the power of the [DHS].” 318 F.3d at 377. That being so, the BIA can adopt, without further explanation, the IJ’s opinion. Id. Where the BIA affirms without opinion the decision of the IJ, the IJ’s decision becomes the final agency decision for purposes of this Court’s review. See 8 C.F.R. § 1003.1(e)(4)(ii). Accordingly, any suggestion by Larios that the AWO procedure in and of itself violates his due process rights is without merit.

Asylum Claim

Larios’s claim for asylum turns on his contention that he has a well-founded fear of persecution based, on his membership within two particular social groups: the first group comprised of young Guatemalan men recruited by gang members who resist such recruitment and the second group, comprised of street children. [3] Larios alleges the IJ failed to adequately consider both grounds for asylum relief, thus depriving him of due process.

As an initial matter, the burden of proof for establishing eligibility for asylum falls on the petitioner. See 8 C.F.R. § 208.13(a). The applicant must show that he or she is a refugee within the meaning of the immigration laws. Olujoke, 411 F.3d at 21; see also 8 U.S.C. § 1158(b)(1); 8 C.F.R. § 208.13(a). “A refugee is a person who cannot or will not return to [his or] her home country ‘because of [past] persecution or a well-founded fear of [future] persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.’ ” Olujoke, 411 F.3d at 21; see also 8 U.S.C. § 1101 (a)(42)(A).

To prove persecution on account of membership in a particular social group, Larios must show at a bare minimum that he is a member of a legally cognizable social group. See Mendez-Barrera v. Holder, 602 F.3d 21, 25 (1st Cir.2010). The term “social group” is not defined by statute. However, the BIA has “described a social group as a group of persons sharing a common, immutable characteristic that makes the group socially visible and sufficiently particular.” Id. Neither of[*109] Larios’s proposed social groups meets this standard.

Youth Resistant to Gang Recruitment

As to Larios’s first claim, the IJ concluded that Larios, though credible, nonetheless failed to establish a well-founded fear of persecution on account of membership in a particular social group. Specifically, the IJ found that Larios feared future persecution at the hands of gang members seeking him out for recruitment purposes or retaliating against him for refusing to join their gang. Nevertheless, the IJ determined that if Larios was indeed targeted by gangs, the motivation would not be on account of his membership in a particular social group but would rather be an attempt to increase the gang’s numbers. The IJ also found that the gang members may target Larios under the mistaken belief that because he is returning from the United States, he comes from a family with money.

In support of his findings, we first note that the IJ properly applied controlling BIA case law. See Matter of S-E-G-, 24 I. & N. Dec. 579 (BIA 2008)(holding that Salvadoran youths who have been subjected to recruitment efforts by the MS-13 gang and who have resisted membership in the gang do not constitute a particular social group); Matter of E-A-G-, 24 I. & N. Dec. 591 (BIA 2008)(holding that a young Honduran male failed to establish membership in particular social group of persons resistant to gang membership, as evidence failed to establish that Honduran society, including gang members themselves, would perceive those opposed to gang membership as members of a social group); see also Matter of A-M-E & J-GU-, 24 I. & N. Dec. 69 (BIA 2007). Moreover, Larios’s claim is foreclosed by our recent decision in Mendez-Barrera. There, we held that “young [El Salvadoran] women recruited by gang members who resist such recruitment” do not constitute a legally cognizable social group because the proposed group lacks'social visibility and is not sufficiently particular. Mendez-Barrera, 602 F.3d at 27. In order to satisfy the social visibility criterion, a group “must be generally recognized in the community as a cohesive group.” Id. at 26. Like the petitioner in Mendez-Barrera, Larios has “failed to provide even a scintilla of evidence to this effect.” Id. Furthermore, Larios has “failed to pinpoint any group characteristics that render members of the putative group socially visible in [Guatemala].” Id. Larios’s “proposed group does not supply an adequate profile for establishing membership,” and therefore, “the putative group-[youth resistant to gang recruitment]-is not socially visible.” Id. at 26-27.

Additionally, Larios’s proposed social group is “not sufficiently particular to be legally cognizable.” Id. at 27. As we stated in Mendez-Barrera,

it is virtually impossible to identify who is or is not a member. There are, for example, questions about who may be considered “young,” the type of conduct that may be considered “recruit[ment],” and the degree to which a person must display “resistance].” These are ambiguous group characteristics, largely subjective, that fail to establish a sufficient level of particularity.

Id. (quoting Faye, 580 F.3d at 42). Larios’s purported social group of youth resistant to gang recruitment suffers from these same infirmities. Accordingly, because this putative social group is neither socially visible nor sufficiently particular, we conclude that the IJ did not err in denying Larios’s claim for asylum based on Larios’s membership in this particular group.

[*110] Street Children

Larios next argues that the IJ should have considered evidence that if Larios returned to Guatemala he would have a well-founded fear of persecution based upon his membership within a legally cognizable social group, to wit, “street children.” The IJ’s alleged failure to address this argument, he contends, deprives him of due process rights. However, not once when testifying did Larios ever specifically claim that he would end up as a street child. Indeed, when asked if he would end up living on the streets, homeless in Guatemala, Larios conceded that he would not. Similarly, there was no argument made before the IJ as to why Larios would even meet the criteria of a “street child.” Consequently, because Larios failed to properly raise this claim before the IJ, this argument is deemed waived on appeal. See Kechichian v. Mukasey, 535 F.3d 15, 22 (1st Cir.2008) (finding no error in the BIA’s refusal to address claim that had not been properly raised before the IJ).

In reaching our conclusion we are mindful of the strict standards of review by which we are bound. We do not have the authority to grant the petition unless the evidence compels a conclusion different from that reached by the IJ. Mejillas-Romero v. Holder, 600 F.3d 63, 76 (1st Cir.2010). On the record before us, we cannot say that it does. Substantial evidence exists to uphold the IJ’s determination that Larios’s testimony, though credible, was not enough to show that he had a well-founded fear of persecution on account of his membership in a statutorily protected social group.

CONCLUSION

In sum, the IJ’s decision to deny Larios’s asylum claim was well-reasoned and supported by controlling precedent: substantial evidence exists to uphold the decision of the IJ. The petition is denied.

1

. § 212(a)(6)(A)(i)of the INA, 8 U.S.C. § 1182(a)(6)(A)(i), states the following:

(a) Classes of aliens ineligible for visas or admission
Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(6) Illegal entrants and immigration violators
(A) Aliens present without admission or parole
(i) In general
An alien in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.
2

. The IJ also found that Larios was ineligible for voluntary departure because Larios, through counsel, had waived this remedy at the beginning of the hearing.

3

. In proceedings before the IJ, Larios never alleged that he had been a victim of past persecution, so we analyze his asylum claim by considering whether he proved a well-founded fear of future persecution based on a statutorily protected ground. See 8 C.F.R. § 208.13(b).