Background
Petitioners Milagros del Pilar Aragon Lema de Morales and Miguel Angel Morales-Serrano, natives of Peru, sought asylum, withholding of removal, and protection under the Convention Against Torture. They alleged harm inflicted by a former partner, Myriam Janeth Gamonal-Torres, and her brother. The immigration judge denied their applications, and the Board of Immigration Appeals dismissed their appeal, adding its own reasoning.
The court’s reasoning
The Ninth Circuit reviewed the Board of Immigration Appeals decision for substantial evidence. The court found that the record lacked evidence that the harm was inflicted because of the petitioners’ familial relationship, which was the claimed particular social group. Instead, the harm stemmed from a personal dispute over the end of a romantic relationship. The court also found substantial evidence that the petitioners failed to show government inability or unwillingness to control the private actors, as the police had investigated Miguel’s report and a civil court had issued a protective order. Regarding the Convention Against Torture claim, the court found no evidence that the petitioners were more likely than not to be tortured with government acquiescence upon return to Peru.
What it means going forward
The petition for review is denied, and the temporary stay of removal is lifted, allowing for the enforcement of the removal order.