Esteban Romero Hernandez, a native and citizen of Mexico, sought withholding of removal and protection under the Convention Against Torture (CAT) after facing threats in the United States. An Immigration Judge denied his application, and the Board of Immigration Appeals (BIA) dismissed his appeal. Hernandez petitioned the Ninth Circuit for review, arguing that he faced persecution based on his membership in a particular social group and that he would likely be tortured if returned to Mexico. The core dispute centered on whether his proposed social groups were legally valid and whether the harm he faced was linked to those groups rather than personal motives.
The panel reviewed the BIA's factual findings for substantial evidence and legal conclusions de novo. First, the court addressed the cognizability of the proposed particular social group. The BIA had rejected the group 'Mexican men deported to Mexico from the United States' as too broad. The Ninth Circuit agreed, citing precedent that individuals within such a sweeping demographic division naturally manifest diverse lifestyles, interests, cultures, and political leanings, making the group insufficiently particular. Second, the court examined the nexus requirement for withholding of removal. The record showed that a member of Los Zetas threatened Hernandez because he interfered in that member's relationship with Hernandez's sister. Hernandez testified that this personal assistance was the 'only' reason for the threat. The court found substantial evidence that the harm was 'purely personal retribution' rather than persecution on account of his familial relationship, distinguishing the case from those where family membership is the actual motive. Finally, regarding CAT protection, the court found no error in the BIA's determination that Hernandez failed to show it was more likely than not he would be tortured by or with the acquiescence of a public official, noting he had not been tortured in the past and offered no compelling evidence of future torture.
The petitioner's petition for review is dismissed, and the BIA's order denying withholding of removal and CAT protection stands. The decision reinforces the strict requirement that proposed social groups must be particular and distinct, and it clarifies that harm motivated by personal disputes, even within a family context, does not qualify for asylum-related relief unless the family membership itself is the target of the persecution. No remand instructions were issued as the petition was denied.
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