Petitioners Melanie Nicole Castro Galarraga, her husband, and their minor child sought review of a Board of Immigration Appeals order dismissing their appeal of an immigration judge's denial of asylum, withholding of removal, and protection under the Convention Against Torture. The petitioners had applied for relief based on their status as small business owners and as victims of criminal violence in Ecuador. The immigration judge and BIA found that their claims did not meet the legal standards for protection, leading to this appeal to the Ninth Circuit.
The panel applied the substantial evidence standard to review the BIA's factual findings. First, the court addressed whether small business owners constitute a particular social group. Relying on precedent, the court noted that being a wealthy business owner is not an immutable characteristic because it is not fundamental to an individual's identity. The court rejected the petitioners' argument that their philanthropic donations or social media presence altered this analysis. Second, the court examined claims regarding victims of crime. The court held that a desire to be free from harassment by criminals motivated by theft or random violence lacks a nexus to a protected ground. Because the petitioners failed to establish eligibility for asylum, the court also denied their claim for withholding of removal. Finally, regarding CAT relief, the court found that generalized evidence of violence and corruption in Ecuador, such as State Department reports on judicial independence and media restrictions, is insufficient to prove that the government would acquiesce to specific torture. The court further noted that the petitioners' attempt to seek police protection did not compel a finding of government acquiescence, as police failure to arrest perpetrators is not enough to establish such acquiescence.
The petition is denied, and the temporary stay of removal is lifted. The petitioners now face immediate enforcement of their removal orders. The decision reinforces the strict requirement that social groups must be defined by immutable characteristics and that CAT claims require specific evidence of government acquiescence rather than generalized country conditions.