Cliserio Praxediz-Arismendi v. Pamela Bondi

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 23, 2025
• Docket: 21-70716
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 23 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

CLISERIO PRAXEDIZ-ARISMENDI, No. 21-70716

Petitioner, Agency No. A206-236-910

v. MEMORANDUM* PAMELA BONDI, Attorney General,

Respondent.

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

Submitted October 20, 2025** Portland, Oregon

Before: CALLAHAN, CHRISTEN, and HURWITZ, Circuit Judges.

Cliserio Praxediz-Arismendi, a native and citizen of Mexico, petitions for

review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal

from an order of an Immigration Judge (“IJ”) denying his application for

withholding of removal and relief under the Convention Against Torture (“CAT”).

* 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). Exercising jurisdiction under 8 U.S.C. § 1252, we deny the petition for review.

When, as here, the BIA affirms the IJ’s decision citing Matter of Burbano, 20 I. &

N. Dec. 872, 874 (BIA 1994) and adds its own reasoning, we review both decisions.

See Gonzalez-Castillo v. Garland, 47 F.4th 971, 976 (9th Cir. 2022). We examine

the BIA’s “legal conclusions de novo and its factual findings for substantial

evidence.” Bringas-Rodriguez v. Sessions, 850 F.3d 1051, 1059 (9th Cir. 2017) (en

banc) (cleaned up).

1. To obtain withholding of removal an applicant must demonstrate that it

is more likely than not that his life or freedom would be threatened on account of a

protected ground upon return. See 8 C.F.R. § 208.16(b); Aden v. Wilkinson, 989 F.3d

1073, 1085–86 (9th Cir. 2021). Even assuming that Praxediz’s proposed family-

based particular social group is cognizable, substantial evidence supports the BIA’s

finding that his life or freedom would not be threatened on account of his

membership in it. There was substantial evidence that Praxediz was not threatened

because he was a member of the Praxediz-Arismendi family, but rather because he

resisted extortion. A noncitizen’s “desire to be free from harassment by criminals

motivated by theft . . . bears no nexus to a protected ground.” Zetino v. Holder, 622

F.3d 1007, 1016 (9th Cir. 2010).

2. Praxediz’s opening brief summarily contends that the BIA erred in

denying him CAT relief. But it advances no argument as to why the CAT

2 determination was erroneous. Thus, Praxediz has forfeited any challenge to the

agency’s CAT analysis by failing to “specifically and distinctly discuss the matter

in [his] opening brief.” Velasquez-Gaspar v. Barr, 976 F.3d 1062, 1065 (9th Cir.

2020) (cleaned up).

PETITION FOR REVIEW DENIED. The stay of removal shall dissolve on

the issuance of the mandate.