Background
Petitioner Hermelinda Ruiz-Linares, a native and citizen of Peru, sought review of a Board of Immigration Appeals decision affirming an Immigration Judge’s denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture. Ruiz alleged she was attacked and threatened with harm to her daughter if she did not give up her daughter for prostitution. She claimed the persecution was based on her membership in a particular social group of Quechua individuals.
The court’s reasoning
The Ninth Circuit applied a limited standard of review, examining the Board of Immigration Appeals’ legal conclusions de novo and factual findings for substantial evidence. The court found substantial evidence supported the agency’s conclusion that the attackers were motivated by a desire for Ruiz’s daughter to engage in prostitution rather than her Quechua identity, as there was no evidence the attackers referenced her indigenous status. Regarding Convention Against Torture relief, the court determined the record did not compel a finding that Peruvian officials would acquiesce in her torture. The court noted that police failure to investigate masked attackers did not constitute acquiescence because the police lacked sufficient information to conduct an investigation.
What it means going forward
The denial of the petition leaves the Board of Immigration Appeals’ order denying asylum, withholding of removal, and Convention Against Torture protection in place. The motion for a stay of removal was denied, lifting any temporary stay and allowing for the enforcement of removal proceedings.