The Ninth Circuit has rejected the proposed particular social group comprised of “Mexican wealthy business owners.” “Substantial evidence supports the holding that Macedo failed to establish a particular social group. First, the Agency was correct that Macedo’s proposed group was not socially distinct. The record does not include evidence that Mexican society perceives wealthy business owners as a distinct group, and the 2013 United States Department of State’s Country Report on Mexico states that kidnapping for ransom occurs at all socioeconomic levels. Second, the proposed group lacks particularity because it could include large swaths of people and various cross-sections of a community. Finally, being a wealthy business owner is not an immutable characteristic because it is not fundamental to an individual’s identity.”
With respect to his protection under the Convention Against Torture, the court found sufficient testimonial evidence that he was harmed by police officers. The court reiterated that there is no “rogue official” exception to torture perpetrated by government officials.
The full text of Macedo Templos v. Wilkinson can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/02/09/15-73122.pdf