Ortiz Carbajal v. Blanche – Do It For The Caselaw

Holding: The Ninth Circuit denied the petition for review, affirming the agency's denial of asylum, withholding of removal, and Convention Against Torture relief due to insufficient evidence of a protected ground nexus and a particularized risk of torture.
Standard: Substantial evidence review
Vote: The panel unanimously concluded the case was suitable for decision without oral argument.
Practical effect: The denial of the petition leaves the Immigration Judge's and Board of Immigration Appeals' decisions in place, resulting in the denial of asylum, withholding of removal, and Convention Against Torture relief for the petitioner.

The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision rejecting an asylum claim. The court found the record did not compel a conclusion that gang threats were motivated by a protected ground rather than financial extortion.

Background

Petitioner Damaris Raquel Ortiz Carbajal, a native and citizen of El Salvador, sought review of a Board of Immigration Appeals decision affirming an Immigration Judge’s denial of applications for asylum, withholding of removal, and Convention Against Torture relief. The petitioner alleged threats from gang members motivated by her political opinion or membership in a particular social group.

The court’s reasoning

The court reviewed agency findings for substantial evidence. It held that the record did not compel the conclusion that gang members were motivated by anything other than money, which is not a protected ground. The court noted that resisting criminal activity is often motivated by non-political self-interest. Furthermore, the evidence did not show that the gang singled the petitioner out based on her gender or status as a landowner, as the land was only referenced as a source of funds. For Convention Against Torture relief, the court found the petitioner offered no evidence showing a particularized risk of torture higher than that faced by all Salvadoran citizens.

What it means going forward

The denial of the petition leaves the Immigration Judge’s and Board of Immigration Appeals’ decisions in place, resulting in the denial of asylum, withholding of removal, and Convention Against Torture relief for the petitioner.