Case Explained: CRUZ-LOPEZ V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-07-14

The ninth-circuit denied the petition in part and granted it in part, remanding the case for further proceedings. The court held that the petitioner failed to establish a cognizable particular social group for withholding of removal because his inability to pay extortion payments is not an immutable characteristic and Guatemalan society does not recognize such a group as socially distinct; this argument was also forfeited as it was not specifically raised on appeal. However, the court found that substantial evidence did not support the agency’s conclusion regarding the nexus between the petitioner’s religion and his past persecution under withholding of removal standards. Although the gang members were motivated by financial gain, the record compelled the conclusion that the petitioner’s evangelical faith was “a reason” motivating the attacks, satisfying the less demanding nexus standard applicable to withholding of removal claims. The court further held that substantial evidence supported the agency’s denial of protection under the Convention Against Torture (CAT), as the record did not demonstrate that any future torture would occur with the acquiescence of a government official. Consequently, the case is remanded for the agency to reconsider the petitioner’s withholding of removal claim based on religious persecution.

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