Background
Pedro Felix-Marquez, a native and citizen of Mexico, petitioned for review of a decision by an Immigration Judge affirming a negative reasonable fear determination by the Department of Homeland Security. The Immigration Judge found that Felix-Marquez failed to establish a reasonable possibility of persecution on the basis of a protected ground or a reasonable possibility of torture.
The court’s reasoning
The court reviewed the Immigration Judge’s determination for substantial evidence, meaning the court must uphold the conclusion unless any reasonable adjudicator would be compelled to conclude to the contrary. The court found substantial evidence supported the conclusion that Felix-Marquez did not establish a reasonable fear of persecution because he failed to demonstrate a nexus between a protected ground and the harm. Felix-Marquez admitted he did not know why police officers targeted him and stated there was nothing unique about him that would cause harm. The court also found substantial evidence supported the conclusion that Felix-Marquez failed to establish a reasonable possibility of torture. Although he asserted fear of cartel violence, he did not adequately demonstrate that any torture would be inflicted by or with the acquiescence of a public official.
What it means going forward
The petition for review is denied, and the stay of removal remains in place until the mandate issues.
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