Ruth Andrea Guardado-De Carranza and her minor son, citizens of El Salvador, sought asylum, withholding of removal, and relief under the Convention Against Torture (CAT). They faced an immigration judge's order denying these applications, which the Board of Immigration Appeals (BIA) subsequently dismissed. The petitioners challenged the BIA's decision in the Ninth Circuit, arguing their experiences in El Salvador warranted protection. The core dispute centered on whether the threats and brief detention they endured met the legal threshold for persecution and whether they faced a credible fear of future harm or torture if returned to their home country.
The panel unanimously denied the petition, applying the substantial evidence standard of review. First, regarding past persecution, the court noted that while the petitioner received threatening phone calls and was briefly detained at gunpoint, she suffered no physical harm and eventually regained possession of her vehicle. Citing precedent, the court explained that the record did not demonstrate significant physical harm, which is often necessary to establish persecution. The court stated, 'We have repeatedly denied petitions for review' where the record lacks evidence of significant physical harm. Second, concerning future persecution, the court found the petitioner's fear not well-founded. The petitioner offered ambiguous reasons why the gang would continue targeting her. Crucially, the court highlighted that her father-in-law, who fled due to the same events, returned to El Salvador and remained unharmed. The court reasoned that 'the ongoing safety of family members in the petitioner's native country undermines a reasonable fear of future persecution.' Finally, for CAT relief, the court applied the 'more likely than not' standard for torture. Since the petitioner failed to establish past persecution or a well-founded fear of future persecution, she could not meet the higher burden required for CAT relief.
The petition for review is denied, and the BIA's order denying asylum, withholding of removal, and CAT relief stands. The motion for a stay of removal is also denied, though a temporary stay remains in effect until the mandate issues. This decision reinforces the Ninth Circuit's strict application of the substantial evidence standard in cases where the petitioner has not suffered significant physical harm, even in the presence of threats and brief detentions.
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