Background
Laura Patricia Sanchez Cacho and her minor children, nationals of Mexico, petitioned for review of a Board of Immigration Appeals decision dismissing their appeal of an Immigration Judge’s order. The agency denied their applications for asylum, withholding of removal, and protection under the Convention Against Torture. The petitioners proposed eight different particular social groups, including witnesses to cartel crimes and female small business owners opposing cartels in Michoacán.
The court’s reasoning
The Ninth Circuit reviewed the agency’s decisions for substantial evidence. The court found that the petitioner failed to establish that her proposed social groups were socially distinct or composed of members with immutable characteristics. Specifically, the court noted that the petitioner had not expressed an anti-cartel political opinion and had complied with extortion demands. Regarding future persecution, the court found substantial evidence that the petitioner could safely relocate within Mexico. For Convention Against Torture claims, the court held that the petitioner failed to show she was more likely than not to be tortured, noting that the cartel had not physically harmed her and her family had safely relocated.
What it means going forward
The denial of the petition leaves in place the agency’s orders denying relief, though a temporary stay of removal remains until the mandate issues.
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