Justin Santos-Ponce v. Robert Wilkinson, 987 F.3d 886 (9th Cir. 2021). · Go Syfert
Justin Santos-Ponce v. Robert Wilkinson, 987 F.3d 886 (9th Cir. 2021). Cases Citing This Book View Copy Cite
“while ponce's uncle was killed by gang members, the record does not contain any evidence that his uncle's membership in the santos-ponce family was one central reason or even a reason that the gang killed him.”
101 citation events (101 in the last 25 years) across 3 distinct courts.
Strongest positive: Ochoa Suarez v. Garland (ca9, 2024-08-13)
Treatment trajectory · 2021 → 2026 · click a year to view as-of
2021 2023 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Ochoa Suarez v. Garland
9th Cir. · 2024 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
while ponce's uncle was killed by gang members, the record does not contain any evidence that his uncle's membership in the santos-ponce family was one central reason or even a reason that the gang killed him.
discussed Cited as authority (verbatim quote) Jimenez Alejandres v. Garland
9th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
ponce's claim of future persecution is undermined by the fact that he has other family members living unharmed in honduras.
discussed Cited as authority (rule) Leonor Ambriz Juarez v. Pamela Bondi
9th Cir. · 2026 · confidence medium
Substantial evidence supports the agency’s conclusion that Ambriz Juarez’s proposed social group (“PSG”)—“mothers of young Mexican males opposed to gang activity and recruitment”—is not cognizable.2 See, e.g., Santos- Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (rejecting proposed PSG “minor Christian males who oppose gang membership” (quotation marks omitted)); Henriquez-Rivas v. Holder, 707 F.3d 1081, 1093 (9th Cir. 2013) (en banc) (recognizing that “proposed social groups of those generally opposed to gangs or resistant to gang recruitment” may not constitu…
cited Cited as authority (rule) Mirna Santana Chamu v. Pamela Bondi
9th Cir. · 2025 · confidence medium
Santos- Ponce v. Wilkinson, 987 F.3d 886, 891 (9th Cir. 2021).
discussed Cited as authority (rule) Quinteros v. Bondi
9th Cir. · 2025 · confidence medium
See Ngyuyen v. Barr, 983 F.3d 1099, 1103-04 (9th Cir. 2020) (concluding that “known drug users” was not a cognizable particular social group because the group “lack[ed] definable boundaries” and was “amorphous, overbroad, diffuse, or subjective”); Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (concluding that “minor Christian males who oppose gang membership” was not sufficiently particular).
discussed Cited as authority (rule) Castillo-Gonzalez v. Bondi
9th Cir. · 2025 · confidence medium
Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (explaining that there is no need to distinguish between the nexus standards for asylum and withholding of removal when there is “no nexus at all”). 2.
discussed Cited as authority (rule) Stefany Lopez-Delgado v. Merrick Garland
9th Cir. · 2023 · confidence medium
Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (rejecting the group “minor Christian males who oppose gang membership” in Honduras); Santos-Lemus v. Mukasey, 542 F.3d 738, 745-46 (9th Cir. 2008) (rejecting a group of “young men in El Salvador resisting gang violence”), abrogated in part on other grounds by Henriquez-Rivas v. Holder, 707 F.3d 1081, 1093 (9th Cir. 2013); Ramos-Lopez v. Holder, 563 F.3d 855, 861-62 (9th Cir. 2009) (rejecting a group comprising young Honduran men resisting gang recruitment), abrogated in part on other grounds by Henriquez-Rivas, 707 F.3d at 1…
discussed Cited as authority (rule) Martinez-Argueta v. Garland
9th Cir. · 2023 · confidence medium
See Singh v. Ilchert, 63 F.3d 1501, 1506 (9th Cir. 1995) (de novo), superseded by statute on other grounds as stated by Parussimova v. Mukasey, 555 F.3d 734 , 739–40 (9th Cir. 2009); Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (substantial evidence).
discussed Cited as authority (rule) Lozano Chamu v. Garland (2×) also: Cited "see"
9th Cir. · 2023 · confidence medium
Lozano Chamu bears the burden of proving “that it is more likely than not that . . . [he] would be tortured if removed to [Mexico].” Santos-Ponce v. Wilkinson, 987 F.3d 886, 891 (9th Cir. 2021) (quotation omitted).
discussed Cited as authority (rule) Perez v. Garland (2×) also: Cited "see"
9th Cir. · 2023 · confidence medium
Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021).
discussed Cited as authority (rule) William Reyes Diaz v. Merrick Garland
9th Cir. · 2023 · confidence medium
Reyes alleged that gang members threatened him with spray paint messages, but testified that the messages said only that the gang was “looking for [him] to kill [him] because [he] didn’t want to become a part of their gang.” See Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (“minor Christian males who oppose gang membership” is not a protected ground where the group lacks particularity and social visibility).
examined Cited as authority (rule) Diego-Pedro v. Garland (3×) also: Cited "see", Cited "see, e.g."
9th Cir. · 2023 · confidence medium
Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021). 1.
cited Cited as authority (rule) Picon-Orellana v. Garland
9th Cir. · 2023 · confidence medium
However, whether a group constitutes a particular social group “is a question of law we review de novo.” Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (citation omitted).
cited Cited as authority (rule) Gonzalez Velasquez v. Garland
9th Cir. · 2023 · confidence medium
See Lopez-Vasquez v. Holder, 706 F.3d 1072 , 1079–80 (9th Cir. 2013); Santos-Ponce v. Wilkinson, 987 F.3d 886, 891 (9th Cir. 2021).
discussed Cited as authority (rule) Maria Guardado v. Merrick Garland
9th Cir. · 2023 · signal: cf. · confidence medium
Cf. Singh v. Garland, 57 F.4th 643 , 652 (9th Cir. 2022) (“[W]e need not address whether de novo review should apply, or discuss the nuances of the two standards, because the harm Singh suffered rose to the level of persecution under the more deferential substantial evidence standard of review.”) (internal quotations and alteration omitted). 2 membership in the social group of “Salvadoran business owners who on account of their business ownership alone fall victim to gang violence and [un]lawfulness” or “a family [that] actively opposes gang violence and [un]lawfulness.” Santos-Pon…
cited Cited as authority (rule) Elmer Hernandez-Tovar v. Merrick Garland
9th Cir. · 2023 · confidence medium
Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 1 We do not decide whether the Board’s determination is subject to de novo or substantial-evidence review, because it passes both standards.
discussed Cited as authority (rule) Gomez Perez v. Garland
9th Cir. · 2023 · confidence medium
Petitioner asserts that he is eligible for asylum and withholding of removal based on his membership in the social group of “Guatemalan young men who attended the University of Mariano Galvez and [are] perceived to be wealthy.” Considering this issue de novo, Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021), we find that Petitioner has failed to show that his proposed social group is defined with particularity and is socially distinct within Guatemala.
cited Cited as authority (rule) Vergara Soto v. Garland
9th Cir. · 2023 · confidence medium
Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021).
discussed Cited as authority (rule) Rafael Regalado-Mendoza v. Merrick Garland
9th Cir. · 2023 · confidence medium
Regalado argues first that the BIA erred in finding that Regalado did not establish past or future persecution “based on [his] membership in the social group of young, Mexican men who oppose or resist gang violence,” and his membership in the “social group consisting of family membership” given his family’s history of suffering gang violence, and “the [anti-gang] political opinion that will be imputed unto him by both gangs and the corrupt police in Mexico.” Substantial evidence supports the BIA’s finding that Regalado did not meet the “nexus” requirement— i.e., that any …
discussed Cited as authority (rule) Melvin Mateo-Robledo v. Merrick Garland (2×) also: Cited "see, e.g."
9th Cir. · 2023 · confidence medium
But whether a group constitutes a particular social group “is a question of law we review de novo.” Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021). 1.
cited Cited as authority (rule) MARLON MONROY LINAREZ V. MERRICK GARLAND
9th Cir. · 2022 · confidence medium
Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021).
discussed Cited as authority (rule) Eder Banegas v. Merrick Garland (2×) also: Cited "see"
9th Cir. · 2022 · confidence medium
Whether a group constitutes a particular social group “is a question of law we review de novo.” Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021).
discussed Cited as authority (rule) Marlen Cervantes Castaneda v. Merrick Garland
9th Cir. · 2022 · confidence medium
See Ramos- Lopez v. Holder, 563 F.3d 855 , 861–62 (9th Cir. 2009), abrogated on other grounds 1 Cervantes’s son, Misael Osornio Cervantes, is a derivative applicant on her request for asylum. 2 by Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013) (en banc); Santos- Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021).
discussed Cited as authority (rule) Juan Isabel-Baltazar v. Merrick Garland (2×) also: Cited "see, e.g."
9th Cir. · 2022 · confidence medium
See Alam v. Garland, 11 F.4th 1133, 1135 (9th Cir. 2021) (reviewing the IJ’s order as if it were the BIA’s decision where, as here, the BIA adopted and affirmed the IJ’s decision for the reasons articulated by the IJ, pursuant to Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994)); Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (reviewing de novo whether a group constitutes a particular social group).
cited Cited as authority (rule) Jose Pineda Casasola v. Merrick Garland
9th Cir. · 2022 · confidence medium
Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021).
discussed Cited as authority (rule) Enrique Hernandez v. Merrick Garland (2×) also: Cited "see, e.g."
9th Cir. · 2021 · confidence medium
Whether a proposed social group meets the BIA’s requirements for a cognizable particular social group (“PSG”) “is a question of law we review de novo.” Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (citation omitted).1 As the parties are familiar with the facts, we do not recount them here.
cited Cited as authority (rule) Carlos Plancarte-Tofolla v. Merrick Garland
9th Cir. · 2021 · confidence medium
Santos-Ponce v. Wilkinson, 987 F.3d 886, 891 (9th Cir. 2021).
discussed Cited as authority (rule) Haifeng Huang v. Merrick Garland
9th Cir. · 2021 · confidence medium
“Accordingly, in order to reverse the BIA’s finding under substantial evidence review, ‘we must find that the evidence not only supports that conclusion, but compels it.’” Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (quoting Elias-Zacarias, 502 U.S. at 481 n.1). 2 Substantial evidence supports the BIA’s conclusion that Huang failed to demonstrate past persecution or a well-founded fear of future persecution based on his religion and political opinion.
discussed Cited as authority (rule) Sinharib Thomas v. Merrick Garland
9th Cir. · 2021 · confidence medium
The BIA was required to consider whether country conditions changed materially such that Thomas “would more likely than not experience torture ‘inflicted by, or at the instigation of, or with the consent or acquiescence of, a public official . . . or other person acting in an official capacity.’” Santos-Ponce v. Wilkinson, 987 F.3d 886, 891 (9th Cir. 2021) (quoting 8 C.F.R. § 1208.18 (a)(1)).
cited Cited "see" Arevalo-Montano v. Bondi
9th Cir. · 2026 · signal: see · confidence high
See Santos- Ponce v. Wilkinson, 987 F.3d 886 , 889–91 (9th Cir. 2021).
discussed Cited "see" Juan Santamaria-Escobar v. Pamela Bondi
9th Cir. · 2026 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (stating that groups such young Christian or Honduran men who resist gang recruitment are not cognizable social groups); see also Aguilar-Osorio v. Garland, 991 F.3d 997, 999 (9th Cir. 2021) (per curiam) (holding that “witnesses who . . . could testify against gang members” is not a cognizable particular social group), abrogated on other grounds by Wilkinson v. Garland, 601 U.S. 209 , 217 n.2 (2024); Conde Quevedo v. Barr, 947 F.3d 1238, 1243 (9th Cir. 2020) (upholding agency finding that applicant had failed to “establish …
cited Cited "see" Jose Gonzalez-Arroyo v. Pamela Bondi
9th Cir. · 2025 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886 , 3 889 (9th Cir. 2021).
discussed Cited "see" Alejandro Sanchez-Alvarez v. Pamela Bondi
9th Cir. · 2025 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (denying petition where petitioner 2 failed to establish a nexus between his uncle’s familial membership and his uncle’s murder).
discussed Cited "see" Quintanilla-Rivas v. Bondi
9th Cir. · 2025 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886 , 889- 90 (9th Cir. 2021) (affirming the Board’s finding that the “inference of a nexus” to a family-based social group was “undermined by the fact that other family members continue to reside” safely in the petitioner’s home country).
discussed Cited "see" De Santiago-Mendoza v. Bondi (2×)
9th Cir. · 2025 · signal: see · confidence high
See Santos- Ponce v. Wilkinson, 987 F.3d 886 , 890 (9th Cir. 2021).
discussed Cited "see" Ortega-Gonzalez v. McHenry
9th Cir. · 2025 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886, 890-91 (9th Cir. 2021) (gang persecution claim rejected where record lacked evidence that family member was killed for familial relationship and other members remained in the country unharmed); Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (an applicant’s “desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground”).
discussed Cited "see" Melgar-Carbajal v. Garland (2×)
9th Cir. · 2024 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021).
discussed Cited "see" Dolores Bautista Martin v. Merrick Garland
9th Cir. · 2024 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886 , 890–91 (9th Cir. 2021) (concluding that “[w]hile [the petitioner’s] uncle was killed by gang members, the record does not contain any evidence that his uncle’s membership in the . . . family was one central reason or even a reason that the gang killed him”).
cited Cited "see" Lopez Bonilla v. Garland
9th Cir. · 2024 · signal: see · confidence high
See 2 22-1977 Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021).
discussed Cited "see" Donaire-Alvarado v. Garland (2×)
9th Cir. · 2024 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886 , 890–91 (9th Cir. 2021) (claim of 1 The government argued failure to exhaust in its answering brief, see Santos- Zacaria v. Garland, 598 U.S. 411, 423 (2023) (exhaustion “is subject to waiver and forfeiture”), and did not forfeit the issue simply because it alternatively addressed Donaire’s argument on the merits. 4 22-271 persecution based on family group undermined by family members remaining in Honduras unharmed). 5.
cited Cited "see" Valle Nava v. Garland
9th Cir. · 2023 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021).
discussed Cited "see" Garcia Vazquez v. Garland (2×)
9th Cir. · 2023 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (finding no evidence of a nexus where gang members killed the petitioner’s uncle, but the record contained no indication that his uncle’s family membership was a reason why the gang did so).
discussed Cited "see" Vides Hernandez v. Garland
9th Cir. · 2023 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886, 891 (9th Cir. 2021) (record did not compel finding that petitioner will more likely than not experience torture by or with acquiescence of government official based on evidence that petitioner’s uncle was killed for unspecified reasons and generalized violence in Honduras).
cited Cited "see" Santos De Jesus v. Garland
9th Cir. · 2023 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021).
cited Cited "see" Quintanilla-Jurado v. Garland
9th Cir. · 2023 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886, 891 (9th Cir. 2021).
discussed Cited "see" MacIas-solis v. Garland (2×)
9th Cir. · 2023 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886, 890 (9th Cir. 2021) (holding that the petitioner failed to establish a nexus with his proposed particular social group of his family because “the record does not contain any evidence that his uncle’s membership in the Santos-Ponce family was . . . a reason that the gang killed him”). 3.
cited Cited "see" Volanos-Vega v. Garland
9th Cir. · 2023 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886 , 890–91 (9th Cir. 2021); Zetino v. Holder, 622 F.3d 1007 , 1015–1016 (9th Cir. 2010). 3.
discussed Cited "see" Lopez-Franco v. Garland
9th Cir. · 2023 · signal: see · confidence high
See Santos-Ponce, 987 F.3d at 1 Petitioner does not challenge the BIA’s denial of CAT protection. 2 Case: 21-929, 04/19/2023, DktEntry: 39.1, Page 3 of 5 890; Ramos-Lopez v. Holder, 563 F.3d 855 , 861–62 (9th Cir. 2009).
cited Cited "see" Ramos-Mejia v. Garland
9th Cir. · 2023 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886 , 890–91 (9th Cir. 2021). 2.
discussed Cited "see" Sanchez-Barrera v. Garland (2×)
9th Cir. · 2023 · signal: see · confidence high
See Santos-Ponce v. Wilkinson, 987 F.3d 886, 890-91 (9th Cir. 2021).
Retrieving the full opinion text from the archive…
Justin Santos-Ponce
v.
Robert Wilkinson
18-72433.
Court of Appeals for the Ninth Circuit.
Feb 10, 2021.
987 F.3d 886
Cited by 71 opinions  |  Published  |  Agency
Pinpoint authority: bottom 31%
FOR PUBLICATION

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

JUSTIN STEEVEN SANTOS-PONCE, No. 18-72433 Petitioner, Agency No. v. A206-794-496

ROBERT M. WILKINSON, Acting
Attorney General, OPINION
Respondent.

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

Submitted February 1, 2021 *
Pasadena, California

Filed February 10, 2021

Before: Ronald M. Gould, John B. Owens, and
Lawrence VanDyke, Circuit Judges.

Opinion by Judge VanDyke

*
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

2 SANTOS-PONCE V. WILKINSON

SUMMARY **

Immigration

Denying Justin Steeven Santos-Ponce’s petition for
review of the Board of Immigration Appeals’ denial of
asylum and related relief, the panel held that Ponce’s
proposed social group comprised of “minor Christian males
who oppose gang membership” is not cognizable, and that
he failed to establish the requisite nexus between any harm
and his membership in the Santos-Ponce family, or that he
would more likely than not be tortured by the Honduran
government or with government acquiescence.

Addressing Ponce’s first proposed social group
comprised of “minor Christian males who oppose gang
membership,” the panel concluded that the group is not
cognizable because it lacks particularity and social
distinction. Noting that this court previously rejected a
similar social group in Ramos-Lopez v. Holder, 563 F.3d 855
(9th Cir. 2009) (concluding that young Honduran men who
resisted gang recruitment lacked particularity and social
distinction), abrogated in part on other grounds by
Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013)
(en banc), the panel explained that the record does not show
how adding the term “Christian” to minors who oppose gang membership makes the group sufficiently particular or socially distinct. The panel wrote that the record lacked persuasive evidence that there is a viable risk of persecution in Honduras based on one’s Christian religious beliefs or

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

SANTOS-PONCE V. WILKINSON 3

practices, and the evidence does not compel the conclusion
that Honduran society would distinguish between a young
Christian male who resists gang recruitment and any other
young man who seeks to avoid gang membership.

Regarding Ponce’s second proposed social group
comprised of members of “the Santos-Ponce family,” the
panel concluded that the record did not contain evidence of
a nexus between the alleged persecution and his membership
in the Santos-Ponce family. The panel explained that while
Ponce’s uncle was killed by gang members, the record did
not contain any evidence that his uncle’s family membership was one central reason or even a reason that the gang killed him. In addition, the panel concluded that Ponce’s claim of future persecution was undermined by the fact that he has other family members living unharmed in Honduras.

The panel also held that substantial evidence supported
the Board’s conclusion that Ponce was not eligible for CAT
protection. The panel wrote that the agency correctly
observed that Ponce failed to claim any past harm, let alone
torture, and that his uncle’s killing, for unspecified reasons, combined with the existence of generalized violence in Honduras, did not compel the conclusion that, upon his return to Honduras, Ponce would more likely than not experience torture inflicted by, or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity.

4 SANTOS-PONCE V. WILKINSON

COUNSEL

Carolina Celina Gomez and Mher Cholakhyan, Law Office
of Carolina C. Gomez, Los Angeles, California, for
Petitioner.

Joseph H. Hunt, Assistant Attorney General; Carl McIntyre,
Assistant Director; Nancy Ellen Friedman, Senior Litigation
Counsel; Office of Immigration Litigation, Civil Division,
United States Department of Justice, Washington, D.C.; for
Respondent.

OPINION

VANDYKE, Circuit Judge:

I.

Justin Steeven Santos-Ponce (Ponce) petitions for review of the Board of Immigration Appeals’ (BIA) order dismissing his appeal of an Immigration Judge’s (IJ) decision denying his applications for asylum and withholding of removal and request for protection under the Convention Against Torture (CAT). For the reasons discussed below, we deny the petition for review.

II. Factual and Procedural Background

Ponce is a 16-year-old native of Honduras who was placed in removal proceedings soon after he arrived in the United States in 2014. Ponce initially lived with his mother in Honduras until he was three years old. When his mother moved to the United States, three-year-old Ponce went to live with his grandmother, uncle, and other extended family members in Honduras.

SANTOS-PONCE V. WILKINSON 5

When Ponce was five years old, his uncle was killed by gang members. The record contains conflicting evidence about why his uncle was killed. One part of the record says that his uncle was killed for unknown reasons, but elsewhere it says that Ponce’s uncle was killed when his grandmother did not meet the gang’s demands. Ponce himself never directly experienced any physical harm or threats of harm while he lived in Honduras. And even though he is fearful of returning to Honduras because of the crime rate and gang activities generally, his grandmother and other family members continue to live in the country unharmed.

A. IJ Decision

The IJ found Ponce’s testimony credible, and while Ponce did not suffer past persecution, the IJ determined that he had a subjective fear of harm. But the IJ also concluded that Ponce failed to show that he would suffer future harm based on a protected ground. Specifically, the IJ rejected Ponce’s argument that he had a well-founded fear of future persecution because of or on account of being a Christian and being a member in two proffered particular social groups (PSGs): (1) “Santos-Ponce family who have been victims of gang violence”; and (2) “minor Christian males who oppose gang membership.”

The IJ acknowledged that Ponce had been raised a Christian, but determined that “the evidence does not support a finding that [Ponce] faces either a particularized risk of persecution as a Christian or that there is a pattern or practice of persecution of Christians.” While the record contains evidence of “the problem of gang related recruitment of children and the general gang warfare and violence” in Honduras, the IJ reasoned that the record lacks “persuasive evidence that [there is] a viable risk of

6 SANTOS-PONCE V. WILKINSON persecution based on one’s Christian religious beliefs or practices.”

With respect to Ponce’s first proposed PSG—“Santos- Ponce family who have been victims of gang violence”—the IJ concluded that Ponce inappropriately defined the group by the harm suffered. But even if defining the group by the harm suffered was not impermissibly circular, the IJ explained that Ponce “would not qualify as a member of the group” because he has not been a victim of gang violence. Redefining Ponce’s proposed PSG by family relationship rather than harm suffered, the IJ nonetheless determined that Ponce failed to “show[] that he faces a well-founded fear of harm as a member of his family.” At the time of the IJ hearing, Ponce had family members that continued to live unharmed in Honduras. The IJ thus concluded that the record does not “show that [Ponce] faces a particularized risk of harm” as a result of his family membership.

Regarding Ponce’s second proposed PSG—“minor Christian males who oppose gang membership”—the IJ determined Ponce did not “show that the group is sufficiently socially distinct or particular.” Although the record shows that gangs targeted some children for recruitment or violence, the IJ determined that “the evidence does not support a finding that the respondent’s proposed group is socially distinct” because gang violence and recruitment are “complex problem[s] . . . driven by a mixture of motives.” The IJ also observed that the record does not clearly define what constitutes opposition to gang violence or explain the significance of the additional label “minor Christian male[s],” and it fails to show “how the combination would be recognized as socially distinct.” Therefore, the IJ concluded that this proposed PSG was not cognizable.

SANTOS-PONCE V. WILKINSON 7

Ultimately, the IJ decided that because Ponce’s “fears are more akin to fears of general civil strife created by the gang problems in Honduras[,]” these “fears . . . fail to meet the standard for asylum.” And because he failed to meet the lesser burden of proof required for asylum, the IJ concluded that Ponce also failed to meet his burden of proof for withholding of removal. Ponce was not entitled to CAT relief, according to the IJ, because there was no evidence that he was tortured in the past or that he would be tortured in the future “by any government officials, or anyone acting under the acquiescence of the government.” 1

B. BIA Decision

The BIA affirmed the denial of Ponce’s asylum, withholding of removal, and CAT claims, and dismissed his appeal.

The BIA concluded that the IJ did not clearly err when she determined that Ponce failed to “establish a nexus to a protected ground . . . , including membership in a [PSG], or demonstrate that it was or will be at least one central reason for the claimed persecution.” Similarly, with respect to Ponce’s request for withholding of removal, the BIA determined that Ponce “failed to establish that it is more likely than not that he would be targeted for persecution on account of a protected ground.”

Similar to his claims before the IJ, Ponce argued before the BIA that he would be targeted for persecution on account

1 The IJ held her decision in abeyance to give Ponce an opportunity to apply for an immigrant visa under the Special Immigrant Juvenile Status (SIJS) application, but Ponce’s counsel informed the IJ on June 12, 2017 that Ponce was “reunited with his biological father and was no longer eligible for relief based on an SIJS application.”

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of and because of his membership in two proffered PSGs: (1) “minor Christian males who oppose gang membership”; and (2) as a member of “the Santos-Ponce family.”

The BIA agreed with the IJ that his first proposed PSG— “minor Christian males who oppose gang membership”—“is not defined with sufficient particularity and it has not been shown to be socially distinct within Honduran society so as to constitute a cognizable [PSG].”

Regarding his second proposed PSG, the BIA assumed—without deciding—that Ponce’s “family is a cognizable social group,” but concluded that the record did not show that Ponce’s “family relationship itself was ‘one central reason’ or constituted ‘a reason’ the gang would have targeted [Ponce’s] family and specifically, [his] uncle.” Importantly, “any inference of a nexus between the gang’s actions with respect to [Ponce’s] uncle and [Ponce’s] familial relationship is undermined by the fact that other family members continue to reside in Honduras without any known issues with the gang.”

The BIA also determined there was no clear error in the IJ’s “assessment of the facts which support her conclusion that [Ponce] has not established his eligibility for protection under [CAT].” Ponce failed to meet “the burden of demonstrating that it is more likely than not that he would be subjected to torture inflicted by or at the instigation of or with the consent or acquiescence of an official or other person acting in an official capacity.”

III. Jurisdiction and Standard of Review

We have jurisdiction under 8 U.S.C. § 1252. “Whether a group constitutes a [PSG] . . . is a question of law we review de novo.” Perdomo v. Holder, 611 F.3d 662, 665

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(9th Cir. 2010) (citation omitted). In contrast, whether an applicant has shown that his persecutor was or would be motivated by a protected ground—i.e., whether the “nexus” requirement has been satisfied—is reviewed under the substantial evidence standard. See Parussimova v. Mukasey, 555 F.3d 734, 739 (9th Cir. 2009). Under this deferential standard, factual findings are treated as “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); see also Singh v. Lynch, 802 F.3d 972, 974 (9th Cir. 2015). Accordingly, in order to reverse the BIA’s finding under substantial evidence review, “we must find that the evidence not only supports that conclusion, but compels it.” INS v. Elias-Zacarias, 502 U.S. 478, 481 n.1 (1992).

IV. Discussion and Analysis

Regarding his asylum and withholding of removal claims, Ponce argues before this court, like he did before the BIA, that he would be targeted for persecution on account of his membership in two proffered PSGs: (1) “minor Christian males who oppose gang membership” and (2) members of the Santos-Ponce family.

The BIA properly concluded that Ponce’s first proposed PSG—“minor Christian males who oppose gang membership”—is not sufficiently particular or socially distinct. We have previously determined that a very similar PSG fails. See Ramos-Lopez v. Holder, 563 F.3d 855, 861– 62 (9th Cir. 2009) (concluding that young Honduran men who resisted gang recruitment “failed the particularity requirement” and “lacked the requisite social visibility”), abrogated in part on other grounds by Henriquez-Rivas v. Holder, 707 F.3d 1081, 1093 (9th Cir. 2013) (en banc). The record does not show how adding the term “Christian” to minors who oppose gang membership makes the group

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sufficiently particular or socially distinct. The record lacks “persuasive evidence that [there is] a viable risk of persecution based on one’s Christian religious beliefs or practices,” and the evidence does not compel the conclusion that Honduran society would distinguish between a young Christian male who resists gang recruitment and any other young man who seeks to avoid gang membership.

Regarding Ponce’s second proposed PSG—members of “the Santos-Ponce family”—the record does not contain evidence of a nexus between the alleged persecution and his membership in the Santos-Ponce family. See Lkhagvasuren v. Lynch, 849 F.3d 800, 802 (9th Cir. 2016) (“The petitioner has the burden to prove that a nexus exists between the persecution and a protected ground.”). While Ponce’s uncle was killed by gang members, the record does not contain any evidence that his uncle’s membership in the Santos-Ponce family was one central reason or even a reason that the gang killed him. See Barajas-Romero v. Lynch, 846 F.3d 351, 360 (9th Cir. 2017) (observing that where “there was no nexus at all,” we draw “no distinction between the ‘one central reason’ phrase in the asylum statute and the ‘a reason’ phrase in the withholding statute”). In addition, Ponce’s claim of future persecution is undermined by the fact that he has other family members living unharmed in Honduras. 2 Because Ponce failed to establish a nexus between the alleged persecution and his proposed PSG based on his familial relation, the record does not compel us to reverse the BIA. 3

2 See Estrada v. INS, 775 F.2d 1018, 1022 (9th Cir. 1985) (“The absence of harassment of an alien’s family tends to reduce the probability of persecution.”). 3 Given the lack of nexus, we need not address in this case whether Ponce’s proposed PSG consisting of members of the Santos-Ponce

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As a result, the BIA’s determination that Ponce did not merit asylum is supported by substantial evidence. 4

Lastly, substantial evidence supports the BIA’s conclusion that Ponce is not eligible for CAT protection. To qualify for CAT protection, Ponce bears the burden of proving “that ‘it is more likely than not that … [he] would be tortured if removed to the proposed country of removal.’” Azanor v. Ashcroft, 364 F.3d 1013, 1018 (9th Cir. 2004) (first alteration in original) (quoting 8 C.F.R. § 208.16(c)(2)). The record does not contain evidence compelling a conclusion different from the BIA’s. The BIA correctly explained that the IJ did not err by observing that “[t]here is no claim or evidence that [Ponce] was harmed, much less tortured in the past by any government officials, or anyone acting under the acquiescence of the government.” And the fact that Ponce’s uncle was killed for unspecified reasons, combined with the existence of generalized violence in Honduras, does not compel the conclusion that, upon his return to Honduras, Ponce would more likely than not experience torture “inflicted by, or at the instigation of, or with the consent or acquiescence of, a public official … or other person acting in an official capacity.” 8 C.F.R. § 1208.18(a)(1) (2021); Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (per curiam) (“Petitioners’ generalized evidence of violence and crime in Mexico is not particular to Petitioners and is insufficient to meet [the CAT]

family is cognizable. See Matter of L-E-A-, 27 I. & N. Dec. 581, 581, 584 (2019). 4 Because Ponce “fail[ed] to satisfy the lower standard of proof required to establish eligibility for asylum,” substantial evidence supports the BIA’s conclusion that he “fail[ed] to demonstrate eligibility for withholding of deportation.” Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir. 2000).

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standard.”). Substantial evidence supports the BIA’s conclusion that Ponce failed to demonstrate eligibility for CAT relief.

The petition for review is DENIED.