Edgar Cordoba v. William Barr, 962 F.3d 479 (9th Cir. 2020). · Go Syfert
Edgar Cordoba v. William Barr, 962 F.3d 479 (9th Cir. 2020). Cases Citing This Book View Copy Cite
84 citation events (84 in the last 25 years) across 2 distinct courts.
Strongest positive: Stephen Fon v. Merrick Garland (ca9, 2022-05-18)
Treatment trajectory · 2020 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (quoted) Stephen Fon v. Merrick Garland
9th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence low
we review the agency's factual findings for substantial evidence, but review 'de novo both purely legal questions and mixed questions of law and fact requiring us to exercise judgment about legal fon v. garland 25 principles.
examined Cited as authority (quoted) Stephen Fon v. Merrick Garland
9th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence low
we review the agency's factual findings for substantial evidence, but review 'de novo both purely legal questions and mixed questions of law and fact requiring us to exercise judgment about legal fon v. garland 25 principles.
discussed Cited as authority (rule) Haghighatpour v. Blanche (2×) also: Cited "see"
9th Cir. · 2026 · confidence medium
“Where, as here, the BIA cites Matter of Burbano, 20 I&N Dec. 872 (BIA 1994), and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.” Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020) (citation modified).
discussed Cited as authority (rule) Lopez Palacios v. Bondi (2×) also: Cited "see"
9th Cir. · 2026 · confidence medium
“Where, as here, the BIA cites [Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994)] and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.” Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020) (quoting Ali v. Holder, 637 F.3d 1025, 1028 (9th Cir. 2011)).
discussed Cited as authority (rule) Riveros Leon v. Bondi
9th Cir. · 2026 · confidence medium
We review the agency’s factual findings for substantial evidence, Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020), and we review legal questions de novo, Perez-Portillo v. Garland, 56 F.4th 788 , 792 (9th Cir. 2022).
cited Cited as authority (rule) Ventura-Rivas v. Bondi
9th Cir. · 2025 · confidence medium
Cordoba v. Barr, 962 F.3d 479, 483 (9th Cir. 2020). 3 24-235 2.
discussed Cited as authority (rule) Alvarez-Acosta v. Bondi
9th Cir. · 2025 · confidence medium
“Where, as here, the BIA cites Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994) and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.” Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020) (internal quotation marks and alterations omitted).
cited Cited as authority (rule) Mateo-Diego v. Bondi
9th Cir. · 2025 · confidence medium
Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020) (quoting Ali v. Holder, 637 F.3d 1025, 1028 (9th Cir. 2011)).
discussed Cited as authority (rule) Chavez-Segovia v. Garland
9th Cir. · 2024 · confidence medium
“Where, as here, the BIA cites Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994) and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.” Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020) (quotation marks and alterations omitted).
discussed Cited as authority (rule) Vides Giron v. Garland
9th Cir. · 2024 · confidence medium
“Where, as here, the BIA cites Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994) and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.” Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020) (internal quotation marks and alterations omitted).
discussed Cited as authority (rule) Torres Suarez v. Garland
9th Cir. · 2024 · confidence medium
“Where, as here, the BIA cites Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994) and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.” Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020) (internal quotation marks and alterations omitted).
discussed Cited as authority (rule) Caro-Balderrama v. Garland
9th Cir. · 2024 · confidence medium
Petitioner challenges the BIA’s determination that the two PSGs that he has proffered were not cognizable: (1) “family members of an individual who revealed their information to a criminal organization in Mexico” and (2) “Americanized 2 23-2072 Mexicans from time of toddlerhood.” A PSG must be “(1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question.” Cordoba v. Barr, 962 F.3d 479, 482 (9th Cir. 2020) (quoting Matter of M-E-V-G-, 26 I. & N. Dec. 227, 237 (BIA 2014)).
cited Cited as authority (rule) Rodriguez-Martinez v. Garland
9th Cir. · 2023 · confidence medium
Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020).
discussed Cited as authority (rule) Castro v. Garland
9th Cir. · 2023 · confidence medium
A PSG must be “(1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question.” Cordoba v. Barr, 962 F.3d 479, 482 (9th Cir. 2020) (quoting Matter of M-E-V-G-, 26 I. & N. Dec. 227, 237 (BIA 2014)).
discussed Cited as authority (rule) Aguilar-Perez v. Garland
9th Cir. · 2023 · confidence medium
Even assuming that “those perceived as wealthy landowners” is a cognizable PSG, 1 Aguilar-Perez has never owned any land in Mexico, and he provided no 1 The BIA suggested that this group is not cognizable, citing Cordoba v. Barr, 962 F.3d 479, 483 (9th Cir. 2020), but it did not explicitly hold as much.
discussed Cited as authority (rule) Castro Rodriguez v. Garland
9th Cir. · 2023 · confidence medium
“Where, as here, the BIA cites [Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994)] and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.” Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020) (alteration in original) (citation omitted).
discussed Cited as authority (rule) Menchaca Ortiz v. Garland
9th Cir. · 2023 · confidence medium
“Where, as here, the BIA cites [Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994)] and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.” Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020) (citation omitted).
discussed Cited as authority (rule) Llulion Vasquez Matul v. Merrick Garland
9th Cir. · 2023 · confidence medium
“Where, as here, the BIA cites Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994) and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.” Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020) (internal quotation marks and alterations omitted).
discussed Cited as authority (rule) Jose Ramirez v. Merrick Garland
9th Cir. · 2023 · confidence medium
We review de novo the BIA’s legal conclusions, Parada v. Sessions, 902 F.3d 901, 908 (9th Cir. 2018), including * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. whether a “particular social group” is cognizable, Cordoba v. Barr, 962 F.3d 479, 482 (9th Cir. 2020).
cited Cited as authority (rule) Julia Gaspar-Miguel v. Merrick Garland
9th Cir. · 2023 · confidence medium
Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020). 1.
discussed Cited as authority (rule) Pierre v. Garland
9th Cir. · 2023 · confidence medium
“Where, as here, the BIA cites Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994) and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.” Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020) (internal quotation and alterations omitted).
discussed Cited as authority (rule) James Castillo Barrios v. Merrick Garland
9th Cir. · 2023 · confidence medium
Because Barrios has not met his burden of proof for asylum, substantial evidence also supports the BIA’s denial of withholding of removal under its “more stringent standard.” Cordoba v. Barr, 962 F.3d 479, 483 (9th Cir. 2020); see also Sarkar v. Garland, 39 F.4th 611, 622 (9th Cir. 2022) (“[A]n applicant who is unable to show a reasonable possibility of future persecution necessarily fails to satisfy the more stringent standard . . . for withholding of removal.” (simplified)).
cited Cited as authority (rule) Rafael Guerrero Rodriguez v. Merrick Garland
9th Cir. · 2023 · confidence medium
Cordoba v. Barr, 962 F.3d 479, 482 (9th Cir. 2020) (internal quotations omitted) (quoting Pirir-Boc v. Holder, 750 F.3d 1077, 1081 (9th Cir. 2014)).
examined Cited as authority (rule) Elmer Lopez-Rodriguez v. Merrick Garland (3×) also: Cited "see"
9th Cir. · 2022 · confidence medium
“Where, as here, the BIA cites [Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994)] and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.” Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020) (alteration in original) (citation omitted).
discussed Cited as authority (rule) Erick Valladares v. Merrick Garland
9th Cir. · 2022 · confidence medium
“Where, as here, the BIA cites [Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994),] and also provides its own review of the evidence and law, we review both the [Immigration Judge’s] and the BIA’s decisions.” Ali v. Holder, 637 F.3d 1025, 1028 (9th Cir. 2011); Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020).
cited Cited as authority (rule) Felipe Aragon Trinidad v. Merrick Garland
9th Cir. · 2022 · confidence medium
Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020).
cited Cited as authority (rule) Hidisbet Mondragon-Gutierrez v. Merrick Garland
9th Cir. · 2022 · confidence medium
Page 4 of 4 are poorly defined and the determination of wealth is subjective.” See id. at 1229 ; Cordoba v. Barr, 962 F.3d 479, 483 (9th Cir. 2020).
discussed Cited as authority (rule) Giovanni Argeta Escobar v. Merrick Garland (2×)
9th Cir. · 2022 · confidence medium
Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020).
discussed Cited as authority (rule) Carlos Comer Gordillo v. Merrick Garland
9th Cir. · 2022 · confidence medium
“Where, as here, the BIA cites Burbano and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.” Ali v. Holder, 637 F.3d 1025, 1028 (9th Cir. 2011) (citation omitted); Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020).1 In the absence of a colorable legal or constitutional claim, we lack jurisdiction to review the agency’s discretionary determination that Gordillo was ineligible for cancellation of removal. 8 U.S.C. § 1252 (a)(2)(B), (D); see Romero-Torres v. Ashcroft, 327 F.3d 887, 891 (9th Cir. 2003); see also Martinez-Rosas v. Go…
discussed Cited as authority (rule) Fredy Solares-Aguilar v. Merrick Garland
9th Cir. · 2022 · confidence medium
Substantial evidence supports the BIA’s determination that the proposed social group lacks social distinction because there is no “evidence showing that society in general perceives, considers, or recognizes persons sharing the particular 2 characteristic to be a group.” See Cordoba v. Barr, 962 F.3d 479, 482 (9th Cir. 2020) (citations omitted) (internal quotation marks omitted). 2.
cited Cited as authority (rule) Silvano Lee v. Merrick Garland
9th Cir. · 2022 · confidence medium
Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020).
cited Cited as authority (rule) Angel Posos-Sanchez v. Merrick Garland
9th Cir. · 2021 · confidence medium
Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020).
discussed Cited as authority (rule) Edgar Rivas Martinez v. Merrick Garland
9th Cir. · 2021 · confidence medium
Second, the IJ erred in rejecting Rivas’s first proposed particular social group: “Salvadoran nationals who are visibly culturally assimilated to American culture, with imputed American characteristics and non-Salvadoran physical appearance.”2 “[A]n applicant for asylum or withholding of removal seeking relief based on ‘membership in a particular social group’ must establish that the group is (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question.” Cordoba v. Barr, 962 F.3d 479,…
discussed Cited as authority (rule) Carlos Balderrama v. Robert Wilkinson
9th Cir. · 2021 · confidence medium
To demonstrate membership in a particular social group, “[t]he applicant must ‘establish that the group is (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question.’” Reyes v. Lynch, 842 F.3d 1125, 1131 (9th Cir. 2016) (quoting Matter of M–E–V–G–, 26 I. & N. Dec. 227, 237 (BIA 2014)). “[W]hether a group constitutes a ‘particular social group’ is a question of law.” Cordoba v. Barr, 962 F.3d 479, 482 (9th Cir. 2020) (quoting Pirir-Boc v. Holder, 750 F.3d 1077, 1081 (9th C…
discussed Cited as authority (rule) Bernardo Acosta-Peralta v. Robert Wilkinson
9th Cir. · 2021 · confidence medium
We grant the petition and remand to the Board for further proceedings. 1. “‘Where, as here, the BIA cites Matter of Burbano, 20 I. & N. Dec. 872, 874 (B.I.A. 1994) and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.’” Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020) (brackets omitted) (quoting Ali v. Holder, 637 F.3d 1025, 1028 (9th Cir. 2011)).
discussed Cited as authority (rule) Rito Cruz v. Robert Wilkinson
9th Cir. · 2021 · confidence medium
Cruz has failed to identify record evidence “showing that [Mexican] society in general perceives” such persons “to be a group.” Cordoba v. Barr, 962 F.3d 479, 482 (9th Cir. 2020) (quoting Matter of W-G-R-, 26 I. & N. Dec. 208, 217 (B.I.A. 2014)) (emphasis added).
discussed Cited as authority (rule) Brenda Godinez-Velasquez v. Robert Wilkinson
9th Cir. · 2021 · confidence medium
Because an applicant for withholding of removal seeking relief based on membership in a particular social group must establish that the proposed group is socially distinct, see Cordoba v. Barr, 962 F.3d 479, 483 (9th Cir. 2020), the BIA did not err in upholding the IJ’s denial of Godinez-Velasquez’s application for withholding of removal.
cited Cited as authority (rule) Willian Matias Rauda v. Robert Wilkinson
9th Cir. · 2021 · confidence medium
Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020).
discussed Cited as authority (rule) Luisa Baca-Baca v. William Barr
9th Cir. · 2020 · confidence medium
Likewise, substantial evidence supports the BIA’s conclusion that Joan did not show that the proposed group “Honduran boys who have resisted recruitment by the Mara 18 gang” was socially distinct. “[A]n applicant for asylum or withholding of removal seeking relief based on ‘membership in a particular social group’ must establish that the group is (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question.” Cordoba v. Barr, 962 F.3d 479, 482 (9th Cir. 2020) (footnote omitted) (quotin…
discussed Cited as authority (rule) Hector Berganza Linares v. William Barr
9th Cir. · 2020 · confidence medium
“Whether a group constitutes a particular social group is a question of law.” Cordoba v. Barr, 962 F.3d 479, 482 (9th Cir. 2020) (internal quotations omitted) (quoting Pirir-Boc v. Holder, 750 F.3d 1077, 1081 (9th Cir. 2014)).
discussed Cited as authority (rule) Marvin Rodriguez Aroche v. William Barr
9th Cir. · 2020 · confidence medium
The groups were defined as (a) individuals associated with the transportation industry, cf. Cordoba v. Barr, 962 F.3d 479, 483 (9th Cir. 2020) (wealthy landowners in Columbia not shown to be cognizable particular social group), and Petitioner’s own association with those individuals, while family related, was attenuated; (b) returned migrants, cf. Garay Reyes v. Lynch, 842 F.3d 1125 , 1138–40 (9th Cir. 2016) (deportees from the United States to El Salvador not cognizable particular social group); Ramirez-Munoz v. Lynch, 816 F.3d 1226 , 1228–29 (9th Cir. 2016) (imputed wealthy Americans r…
cited Cited "see" Luciano Meza-Atienzo v. Pamela Bondi
9th Cir. · 2025 · signal: see · confidence high
See Cordoba v. Barr, 962 F.3d 479 , 481–82 (9th Cir. 2020).
discussed Cited "see" Alas-Velasquez v. Garland
9th Cir. · 2023 · signal: see · confidence high
See Cordoba v. Barr, 962 F.3d 479, 482 (9th Cir. 2020) (“To have the ‘social distinction’ necessary to establish a particular social group, there must be evidence showing that society in general perceives, considers, or recognizes persons sharing the particular characteristic to be a group.” (quoting Matter of W-G-R-, 26 I. & N. Dec. 208, 217 (BIA 2014))); Conde Quevedo v. Barr, 947 F.3d 1238, 1243 (9th Cir. 2020) (petitioner presented no evidence that Guatemalan society recognizes persons who report gang activity to police as a distinct social group). 2.
cited Cited "see" Aldino Baculio v. Merrick Garland
9th Cir. · 2021 · signal: see · confidence high
See Cordoba v. Barr, 962 F.3d 479, 481 (9th Cir. 2020).
discussed Cited "see" Fernando Lemus-Hernandez v. Merrick Garland
9th Cir. · 2021 · signal: see · confidence high
See Cordoba v. Barr, 962 F.3d 479, 483 (9th Cir. 2020). (“[The BIA has] emphasized that ‘the persecutors’ perception is not itself enough to make a group socially distinct, and persecutory conduct alone cannot define the group.’” (quoting Matter of M-E-V-G-, 26 I. & N. Dec. at 242)). 2.
discussed Cited "see" Alison Reyes-Armas v. Merrick Garland
9th Cir. · 2021 · signal: see · confidence high
See Cordoba v. Barr, 962 F.3d 479, 482 (9th Cir. 2020) (to demonstrate social group membership, the applicant “must establish that the group is (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question”) (quoting Matter of M-E-V-G-, 26 I. & N. Dec. 227, 237 (BIA 2014)); see also Reyes v. Lynch, 842 F.3d 1125, 1138 (9th Cir. 2016) (rejecting the proposed social group of “former members of Mara 18 gang in El Salvador who have renounced their gang membership”).
cited Cited "see" Miguel Pablo Gomez v. Merrick Garland
9th Cir. · 2021 · signal: see · confidence high
See Cordoba v. Barr, 962 F.3d 479, 482 (9th Cir. 2020). 5.
cited Cited "see" James Reynaga Estella v. Robert Wilkinson
9th Cir. · 2021 · signal: see · confidence high
Ramirez-Munoz v. Lynch, 816 F.3d 1226, 1229 (9th Cir. 2016); see Cordoba v. Barr, 962 F.3d 479, 483 (9th Cir. 2020).
discussed Cited "see" Alfredo MacEdo Templos v. Robert Wilkinson (2×) also: Cited "see, e.g."
9th Cir. · 2021 · signal: see · confidence high
See Cordoba v. Barr, 962 F.3d 479, 483 (9th Cir. 2020) (holding “Columbian wealthy 18 MACEDO TEMPLOS V.
cited Cited "see, e.g." Martinez-Pena v. Bondi
9th Cir. · 2025 · signal: see also · confidence low
And where “the BIA agrees with the IJ’s reasoning, we review both decisions.” Id.; see also Cordoba v. Barr, 962 F.3d 479 , 482 (9th Cir. 2020). 1.
Retrieving the full opinion text from the archive…
Edgar Cordoba
v.
William Barr
17-71655.
Court of Appeals for the Ninth Circuit.
Jun 16, 2020.
962 F.3d 479
FOR PUBLICATION

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

EDGAR RENE CORDOBA, No. 17-71655 Petitioner, Agency No. v. A096-085-156

WILLIAM P. BARR,
Respondent. OPINION

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted February 10, 2020 *
San Francisco, California

Filed June 16, 2020

Before: Johnnie B. Rawlinson and Consuelo M. Callahan,
Circuit Judges, and Robert S. Lasnik, ** District Judge.

Opinion by Judge Lasnik

*
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). ** The Honorable Robert S. Lasnik, United States District Judge for the Western District of Washington, sitting by designation.

2 CORDOBA V. BARR

SUMMARY ***

Immigration

Denying a petition for review of the Board of
Immigration Appeals’ denial of asylum and withholding of
removal, the panel held that the Board properly concluded
that petitioner’s proposed social group of “wealthy
landowners” in Colombia is not cognizable because it lacks
particularity and social distinction.

The panel explained that to have the social distinction
necessary to establish a particular social group, there must
be evidence showing that society in general perceives,
considers, or recognizes persons sharing the particular
characteristic to be a group. The panel concluded that
petitioner failed to establish that “wealthy landowners” in Colombia are somehow set-apart, or distinct from other persons within the society in some significant way, and that petitioner’s failure to tie his persecutors’ perceptions of “wealthy landowners” to any broader notions of Colombian society was fatal to his claim.

COUNSEL

Susan E. Hill, Hill & Piibe Immigration Attorneys, Los
Angeles, California, for Petitioner.

***
This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

CORDOBA V. BARR 3

Imran R. Zaidi, Attorney, Office of Immigration Litigation,
United States Department of Justice, Washington, D.C., for
Respondent.

OPINION

LASNIK, District Judge:

This case calls upon us to decide whether “wealthy landowners” in Colombia constitute a particular social group for purposes of asylum and withholding of removal. For the reasons set forth below, we conclude that they do not.

I.

A.

Edgar Rene Cordoba is a native and citizen of Colombia who applied for and was denied asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). He alleges that he and his family were persecuted by the Revolutionary Armed Forces of Colombia (“FARC”) due to their status as wealthy landowners. The additional relevant facts underlying Cordoba’s applications for relief are summarized in our prior decision in this matter, Cordoba v. Holder, 726 F.3d 1106, 1109–11 (9th Cir. 2013) (hereinafter “Cordoba I”).

B.

We previously affirmed the Board of Immigration Appeals’ (“BIA”) denial of Cordoba’s applications for CAT relief and for asylum to the extent they were based on persecution on the basis of his political opinion. See id. at 1117 n.3. However, we granted Cordoba’s petition for

4 CORDOBA V. BARR

review of his asylum and withholding of removal claims in part and remanded to the BIA for reconsideration of whether Cordoba’s proposed particular social group of wealthy landowners in Colombia is cognizable in light of our decision in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013) (en banc). See Cordoba I, 726 F.3d at 1117.

In remanded proceedings, the IJ again denied Cordoba’s applications for asylum and withholding of removal. The BIA adopted and affirmed the IJ’s decision, agreeing that Cordoba failed to establish that “wealthy landowners” in Colombia constitute a cognizable particular social group, and dismissing Cordoba’s appeal. Cordoba again petitions this Court for review.

II.

We have jurisdiction over Cordoba’s petition for review under 8 U.S.C. § 1252(a)(1). “Where, as here, the BIA cites [Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994)] and also provides its own review of the evidence and law, we review both the IJ’s and the BIA’s decisions.” See Ali v. Holder, 637 F.3d 1025, 1028 (9th Cir. 2011) (citation omitted). We review the agency’s factual findings for substantial evidence, but review “de novo both purely legal questions and mixed questions of law and fact requiring us to exercise judgment about legal principles.” Mendoza- Pablo v. Holder, 667 F.3d 1308, 1312 (9th Cir. 2012) (internal quotation marks and citations omitted). “Whether a group constitutes a ‘particular social group’ is a question of law.” Pirir-Boc v. Holder, 750 F.3d 1077, 1081 (9th Cir. 2014) (citation omitted).

CORDOBA V. BARR 5

III.

We agree with the BIA that Cordoba has not established the requisite particularity or social distinction for his proposed particular social group of “wealthy landowners” in Colombia.

A.

Under the Immigration and Nationality Act (“INA”), the Attorney General may, in his discretion, grant asylum to applicants determined to be refugees. See 8 U.S.C. § 1158(b)(1). The INA defines “refugee” as an individual who is “unable or unwilling to return to [his last country of residence] . . . because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Cordoba I, 726 F.3d at 1108 (quoting 8 U.S.C. § 1101(a)(42)(A)).

B.

In Henriquez-Rivas and Cordoba I, we commented that “the perception of the persecutors may matter the most” in ascertaining whether a particular social group is cognizable for purposes of asylum or withholding of removal. Henriquez-Rivas, 707 F.3d at 1089; see also Cordoba I, 726 F.3d at 1115. However, after we issued Henriquez- Rivas and Cordoba I, two companion precedential BIA decisions clarified the elements underlying the agency’s particular social group analysis. See Matter of M-E-V-G-, 26 I. & N. Dec. 227 (BIA 2014); Matter of W-G-R-, 26 I. & N. Dec. 208 (BIA 2014).

6 CORDOBA V. BARR

In Matter of M-E-V-G-, the BIA clarified that, [A]n applicant for asylum or withholding of removal seeking relief based on ‘membership in a particular social group’ must establish that the group is

(1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct 1 within the society in question.

Matter of M-E-V-G-, 26 I. & N. Dec. at 237. We have since accorded Chevron deference to the particular social group factors elucidated in Matter of M-E-V-G-. See Reyes v. Lynch, 842 F.3d 1125, 1133–37 (9th Cir. 2016). In Reyes, we deferred to the BIA’s determination that “[t]o have the ‘social distinction’ necessary to establish a particular social group, there must be evidence showing that society in general perceives, considers, or recognizes persons sharing the particular characteristic to be a group.” Matter of W-G- R-, 26 I. & N. Dec. at 217; see also Reyes, 842 F.3d at 1136 (“[T]he proper inquiry is whether a proposed particular social group’s shared characteristic or characteristics would generally be recognizable by other members of the community, or whether . . . the proposed group would be perceived as a group by society.” (quoting Henriquez-Rivas, 707 F.3d at 1088–89 (internal quotation marks and citation 1 The BIA previously defined this factor as “social visibility,” but renamed it “social distinction” to eliminate any misconception that a particular social group must be characterized by “‘ocular’ or ‘on-sight’ visibility.” Matter of M-E-V-G-, 26 I. & N. Dec. at 236.

CORDOBA V. BARR 7

omitted))). While the BIA has indicated that the persecutor’s perspective “may be relevant” to the extent “it can be indicative of whether society views the group as distinct,” it has also emphasized that “the persecutors’ perception is not itself enough to make a group socially distinct, and persecutory conduct alone cannot define the group.” Matter of M-E-V-G-, 26 I. & N. Dec. at 242 (citations omitted); see also Reyes, 842 F.3d at 1136 (deferring to the BIA’s “social distinction” requirement).

C.

Applying the particular social group analysis, the agency correctly concluded that Cordoba’s arguments, and the majority of the evidence he submitted, pertain to FARC’s perception of wealthy landowners rather than to Colombian society’s perception of the purported group. See Reyes, 842 F.3d at 1136. For example, rather than link FARC’s views to those of Colombian society generally, Cordoba offers a history of FARC and its “Marxist” origins, and makes broad, unsupported allegations about Marxism in Colombia. Further, Cordoba’s evidence of “his name on deeds, titles to property, and other business documents” establishes property ownership, but does not evince Colombian societal views regarding that ownership.

Cordoba has not established that “wealthy landowners” in Colombia are somehow “set-apart, or distinct from other persons within the society in some significant way.” Matter M-E-V-G-, 26 I. & N. Dec. at 238. His failure to tie FARC’s perceptions of “wealthy landowners” to any broader notions of Colombian society at each stage of his proceedings is fatal to his petition for review. See, e.g., id. at 244; Reyes, 842 F.3d at 1136. Accordingly, he has not established eligibility for asylum based on membership in his proposed

8 CORDOBA V. BARR particular social group. Matter of M-E-V-G-, 26 I. & N. Dec. at 237.

IV. Because we affirm the BIA’s determination that Cordoba has not established a cognizable particular social group, we need not address whether he established the requisite nexus between the asserted persecution and his status as a wealthy landowner in Colombia. See Reyes, 842 F.3d at 1132 n.4; see also Baghdasaryan v. Holder, 592 F.3d 1018, 1023 (9th Cir. 2010) (citation omitted).

V. In addition, because Cordoba has not met his burden of proof for asylum under the INA, the agency correctly denied his application for withholding of removal under the more stringent standard. See Al-Harbi v. I.N.S., 242 F.3d 882, 888–89 (9th Cir. 2001) (emphasizing that the standard “for withholding of removal is more stringent than the well- founded fear standard governing asylum” (citation omitted)).

VI.

For all the foregoing reasons, we hold that the BIA properly determined “wealthy landowners” in Colombia do not constitute a cognizable particular social group for purposes of asylum and withholding of removal under the INA. The agency properly denied Cordoba’s applications for relief.

PETITION DENIED.