Graciano Garcia Becerril v. Todd Blanche

Holding: The court denied the petition for review because the petitioner failed to establish it was more likely than not that he would be tortured if removed to Mexico.
Standard: More likely than not standard for Convention Against Torture claims
Vote: Unanimous decision by the panel.
Practical effect: The petition for review is denied, leaving the Board of Immigration Appeals order in place. The petitioner forfeited any challenge to the denial of cancellation of removal.

The United States Court of Appeals for the Ninth Circuit denied a petition for review of an immigration order. The court found substantial evidence supported the Board of Immigration Appeals denial of the petitioner's Convention Against Torture claim.

Background

Graciano Garcia Becerril, a native and citizen of Mexico, sought review of the Board of Immigration Appeals dismissal of his appeal regarding an immigration judge’s denial of applications for protection under the Convention Against Torture and cancellation of removal. The petitioner argued he faced torture due to social conditions in Mexico and violence perpetrated against him.

The court’s reasoning

The panel concluded that substantial evidence supported the agency’s denial. The petitioner had no contact with the cousin who attempted to recruit him into a gang for over thirty years, and his family did not know the cousin’s whereabouts, which did not compel a finding that he would be individually targeted. Additionally, generalized evidence of violence and crime in Mexico was not particular to the petitioner and was insufficient to establish government acquiescence. The court also rejected the request to remand for prosecutorial discretion, stating it lacked jurisdiction to direct the government to consider such an exercise.

What it means going forward

The petition for review is denied, leaving the Board of Immigration Appeals order in place. The petitioner forfeited any challenge to the denial of cancellation of removal.