Diogenes Guevara-Mejia v. Todd Blanche
── Diogenes Guevara-Mejia v. Todd Blanche ──
Court: Court of Appeals for the Ninth Circuit
Date: April 21, 2026
Category: General
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 21 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DIOGENES ANUBIS GUEVARA-MEJIA; No. 20-73223
ANA LISSETH FLORES DE GUVARA;
S. V. G.-F., Agency Nos. A203-604-462
A203-604-463
Petitioners, A203-604-464
v.
MEMORANDUM*
TODD BLANCHE, Acting Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 31, 2026**
San Francisco, California.
Before: FRIEDLAND, MILLER, and COLLINS, Circuit Judges.
Diogenes Guevara-Mejia, a native and citizen of El Salvador, petitions on
behalf of himself, his wife, and his daughter for review of a decision of the Board
of Immigration Appeals. The Board dismissed Guevara’s appeal from an
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
immigration judge’s order denying his application for asylum, withholding of
removal, and relief under the Convention Against Torture (CAT). We have
jurisdiction under 8 U.S.C. § 1252(a), and we deny the petition.
We review the agency’s legal conclusions de novo and its factual findings
for substantial evidence. Plancarte Sauceda v. Garland, 23 F.4th 824, 831 (9th Cir.
2022). Under the substantial-evidence standard, the agency’s findings of fact are
“conclusive unless any reasonable adjudicator would be compelled to conclude to
the contrary.” 8 U.S.C. § 1252(b)(4)(B).
An argument “not discussed in the body of the opening brief” is ordinarily
forfeited. Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir. 1996). The
argument section of Guevara’s brief contains only headings without supporting
argument, but we have recognized that “procedural requirements should be more
liberally construed for pro se litigants.” Abassi v. INS, 305 F.3d 1028, 1032 (9th
Cir. 2002). Applying a liberal standard of construction, we discern in Guevara’s
statement of the facts an argument that the Board improperly denied his claims for
asylum and withholding of removal.
Substantial evidence supports the Board’s denial of asylum and withholding
of removal. The Board correctly determined that no formulation of Guevara’s
proposed social groups of workers and businesspeople threatened by gangs was
sufficiently particular to establish “definable boundaries” for the group. Nguyen v.
2
Barr, 983 F.3d 1099, 1103 (9th Cir. 2020). Substantial evidence also supports the
Board’s conclusion that Guevara did not show that there is a “general social
perception” within Salvadoran society of any such distinct group. Diaz-Torres v.
Barr, 963 F.3d 976, 980 (9th Cir. 2020). Guevara’s evidence of gang activity
against the population at large “does not address” whether Salvadoran society
perceives his proposed groups as socially distinct. See Villegas Sanchez v.
Garland, 990 F.3d 1173, 1181 (9th Cir. 2021).
Substantial evidence also supports the Board’s rejection of Guevara’s claim
that gang members targeted him for his “‘anti-gang sentiment’ political opinion.”
No evidence in the record suggests that the gang tried to extort money from
Guevara because of h
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}