Emilia Fuentes Ayala, a native and citizen of Mexico, sought asylum, withholding of removal, and relief under the Convention Against Torture after being targeted by the Knights Templar gang. The gang sought out her location to find her ex-partner, Baldemar, and obtain his family's property. Fuentes Ayala claimed she was persecuted based on her membership in a proposed social group of individuals in Michoacan who chose neutrality in the feud between the Knights Templar and self-defense groups, or as an imputed family member of Baldemar. An immigration judge denied her applications, and the Board of Immigration Appeals dismissed her appeal. She then petitioned the Ninth Circuit for review of the BIA's decision.
The Ninth Circuit reviewed the denial of asylum, withholding of removal, and CAT relief for substantial evidence, meaning the court must uphold the agency's determination unless the evidence compels a contrary conclusion. For asylum and withholding claims, the petitioner must prove a causal nexus between a protected ground and the harm. The court found that even assuming the proposed social group of neutral parties was cognizable, the record did not support Fuentes Ayala's claim that she chose neutrality, as she never testified to expressing such an opinion. More critically, the court held that the gang targeted Baldemar and sought Fuentes Ayala's location solely to obtain property, not because of her neutrality or family status. The court cited precedent stating that a desire to be free from harassment by criminals motivated by theft bears no nexus to a protected ground. Furthermore, the court found substantial evidence supported the BIA's conclusion that Fuentes Ayala did not have an objectively well-founded fear of future persecution, noting that her ex-partner and his family had already left the area and her own family did not own property there. Regarding CAT relief, the court found she did not prove it was more likely than not she would be tortured, as she had not been previously tortured and generalized evidence of violence in Mexico was insufficient to meet the specific standard for CAT relief.
The Ninth Circuit denied the petition, affirming the BIA's order. This means Fuentes Ayala's applications for asylum, withholding of removal, and CAT relief are rejected, and she is subject to removal from the United States. A temporary stay of removal remains in effect only until the court's mandate issues. The decision reinforces the strict requirement for a causal nexus between gang violence and a protected ground, clarifying that property disputes do not qualify for asylum protection.
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