Background
Petitioners Natividad Olivarez Morales and her child, S.O.O., natives of Mexico, sought asylum, withholding of removal, and protection under the Convention Against Torture. They claimed past persecution following a 2017 police raid in their community where residents were beaten, shot, and killed. The Immigration Judge and Board of Immigration Appeals denied their applications, and the petitioners appealed to the Ninth Circuit.
The court’s reasoning
The court reviewed the denial for substantial evidence, meaning it must uphold the agency’s determination unless the evidence compels a contrary conclusion. The court found that the petitioner did not experience physical violence during the 2017 raid as she hid, and her continued residence in the community for six years after the event undermined her claim of fear. The court noted that while the deaths of her father’s cousin and a classmate were tragic, they were not part of a pattern of persecution closely tied to her personally. Additionally, the record did not sufficiently demonstrate significant psychological harm rising to the level of persecution. The court also held that fear of crime and violence alone is insufficient to establish an objective fear of future persecution.
Persecution is an extreme concept that does not include every sort of treatment our society regards as offensive.
Wakkary v. Holder, 558 F.3d 1049, 1059 (9th Cir. 2009)
What it means going forward
The denial of the petition affirms the Board of Immigration Appeals’ decision, leaving the petitioners without asylum or withholding of removal protection and subject to removal.