Background
Petitioners Judith Vanesa Rojas Chavarria, Alex John Maza Prado, and their daughter sought review of a final order of removal issued by the Board of Immigration Appeals. The Board had affirmed an Immigration Judge’s denial of their applications for asylum, withholding of removal, and protection under the Convention Against Torture. The petitioners alleged they faced persecution in Peru due to their political opposition to the Los Rusos criminal organization.
The court’s reasoning
The court held that the record compelled the conclusion that the petitioners’ political opinion was a central reason for their persecution. The petitioners’ display of political advertisements for the Fuerza Popular party and their protests against the Los Rusos organization demonstrated that the attackers knew of their opposing political views. The court noted that mixed motives, such as financial gain, do not negate the political nature of the persecution. Because the petitioners demonstrated past persecution on account of statutorily protected grounds by individuals the government was unable or unwilling to control, they are entitled to a presumption of a well-founded fear of future persecution. This presumption shifts the burden to the government to show by a preponderance of the evidence that the applicants no longer fear persecution or can reasonably relocate internally. The court also found that the petitioners were eligible for withholding of removal based on the same presumption of past persecution. However, the court denied claims based on membership in particular social groups because the proposed groups failed to meet the requirements of immutability, particularity, and distinctness. The application for protection under the Convention Against Torture was denied because the petitioners failed to meaningfully raise the issue in their opening brief, constituting a waiver.
What it means going forward
The case is remanded to the Board of Immigration Appeals to determine whether the government can rebut the presumption of eligibility for asylum and withholding of removal. The petitioners’ claims regarding particular social groups and Convention Against Torture protection are denied.