213779P.pdf   06/05/2023  Flavio Pacheco-Moran  v.  Merrick B. Garland
   U.S. Court of Appeals Case No:  21-3779
                          and No:  22-2383
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Loken, Author, with Colloton, and Benton, Circuit Judges] 
   Petition for Review - Immigration. Substantial evidence supported the 
   agency finding that petitioner failed to demonstrate a well-founded fear 
   of persecution based on his membership in the particular social group of 
   married homosexual males in Mexico, and he was not eligible for asylum on 
   this ground; nor was he eligible for withholding of removal as he failed 
   to establish a clear probability that his life or freedom would be 
   threatened because of membership in the group; claim for CAT relief based 
   on the claim rejected; with respect to petitioner's alternative particular 
   social group, homosexual men in Mexico, the agency did not err in finding 
   the claim was barred by the one-year bar contained in 8 U.S.C. Sec. 
   1158(a)(2)(B); with respect to his request for withholding of removal 
   based on his membership in this group, the agency did not err in finding 
   petitioner had not suffered past persecution and had not shown the 
   inability to avoid future persecution by relocating; petitioner failed to 
   preserve for review his third proposed particular social group - Mexicans 
   Perceived to be Against Catholicism; petitioner's challenge to the 
   agency's denial of his motion to reopen is rejected.