UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED.
Petitioner Javier Garcia-Camacho, a native and citizen of Mexico, seeks review of a July 19, 2010, order of the BIA affirming the April 16, 2009, decision of Immigration Judge ("IJ") Michael W. Straus pretermitting his application for asylum and denying his applications for withholding of removal and relief under the Convention Against Torture ("CAT"). In re Javier Garcia-Camacho, No. A088 387 248 (B.I.A. July 19, 2010), aff'g No. A088 387 248 (Immig. Ct. Hartford, CT April 16, 2009). We assume the parties' familiarity with the underlying facts and procedural history in this case.
Under the circumstances of this case, we review both the IJ's and the BIA's decisions. See Zaman v. Mukasey, 514 F.3d 233, 237 (2d Cir. 2008). The applicable standards of review are well-established. See 8 U.S.C. § 1252(b)(4)(B); Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 2009).
With respect to Garcia-Camacho's claim for withholding of removal,
Garcia-Camacho argues that the BIA improperly defined his alleged social group, which he now claims is comprised of "Mexican citizens who are returning to Mexico, after a long period of residence in the United States, who have immediate family members remaining in the United States." However, as noted above, Garcia-Camacho did not include "immediate family members remaining in the United States" in the social group that he offered before the IJ and the BIA, and he therefore has failed to exhaust his administrative remedies to the extent he proposes a new social group for the first time here. See Foster v. INS, 376 F.3d 75, 78 (2d Cir. 2004).
The BIA also did not err in denying Garcia-Camacho's application for CAT relief. Garcia-Camacho argues that the BIA erred in finding that the Mexican government would not acquiesce in any attempted torture, asserting that "the documentary evidence in the record establishes that corruption is so entrenched in official police and government offices that persecutors are often themselves government officials." However, the record evidence also indicates that the Mexican government has taken affirmative steps to root out corruption and to prevent torture. Thus, the BIA reasonably determined that there was insufficient evidence to conclude that the Mexican government would acquiesce in or remain willfully blind to any torture attempts perpetrated by criminal gangs. See 8 C.F.R. § 1208.18(a)(1); see also Jian Hui Shao v. Mukasey, 546 F.3d 138, 171 (2d Cir. 2008) ("We do not ourselves attempt to resolve conflicts in record evidence, a task largely within the discretion of the agency."); Khouzam v. Ashcroft, 361 F.3d 161, 171 (2d Cir. 2004). Garcia-Camacho also failed to demonstrate that someone in his "particular alleged circumstances" would be singled out for torture. See Mu-Xing Wang v. Ashcroft, 320 F.3d 130, 143-44 (2d Cir. 2003).
For the foregoing reasons, the petition for review is DENIED. As we have completed our review, any stay of removal that the Court previously granted in this petition is VACATED, and any pending motion for a stay of removal in this petition is DENIED as moot. Any pending request for oral argument in this petition is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34.1(b).