Alves Pereira, Et Al. v. Blanche – Do It For The Caselaw

Holding: The Ninth Circuit denied the petition for review, finding substantial evidence supported the agency's denial of asylum and withholding of removal and that the petitioners forfeited their Convention Against Torture claim.
Standard: substantial evidence
Vote: The panel unanimously denied the petition without oral argument.
Practical effect: The denial of the petition leaves in place the Immigration Judge's order denying asylum and withholding of removal, and the Board of Immigration Appeals' affirmation of that order.

The Ninth Circuit denied a petition for review seeking asylum and withholding of removal for a Brazilian national and her children. The court found substantial evidence supported the agency's conclusion that anonymous threats did not constitute persecution and that the petitioners failed to show a well-founded fear of future harm.

Background

Petitioners, native citizens of Brazil, sought review of a Board of Immigration Appeals order affirming an Immigration Judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture. The petitioners claimed past persecution based on anonymous threats received while working as a legal aide representing a controversial criminal defendant.

The court’s reasoning

The court applied the substantial evidence standard, finding that unfulfilled anonymous threats are rarely sufficient to constitute persecution. The record showed no physical harm or confrontation, and the petitioners no longer had connections to the case that ended in a conviction. The court also held that the petitioners forfeited their Convention Against Torture claim and failed to demonstrate a due process violation from transcript errors that did not prejudice their case.

Unfulfilled threats are very rarely sufficient to rise to the level of persecution, and [Petitioner] has not made that showing here.

Hussain v. Rosen, 985 F.3d 634, 647 (9th Cir. 2021)

What it means going forward

The denial of the petition leaves in place the Immigration Judge’s order denying asylum and withholding of removal, and the Board of Immigration Appeals’ affirmation of that order.