Ismael Torrijos-Zamora, a native of Mexico, sought asylum, withholding of removal, and protection under the Convention Against Torture after entering the United States without authorization. He alleged that a local gang, the huachicoleros, threatened his life because he organized sports games for local boys to steer them away from gang recruitment. Torrijos-Zamora testified that the gang members attended his games, took boys away, and threatened to kill him. He claimed this persecution was based on his political opinion and his membership in particular social groups, specifically 'anti-corruption activists' and 'community organizers who dissuade children from joining gangs.' The Immigration Judge and the Board of Immigration Appeals denied his claims, finding that the gang's motivation was purely economic—to secure recruits for fuel theft—and that he could not show a sufficient likelihood of torture upon return to Mexico.
The Seventh Circuit reviewed the case to determine if the Board's factual findings were supported by substantial evidence. The court focused on the 'nexus requirement,' which mandates that persecution must be on account of race, religion, nationality, membership in a particular social group, or political opinion. The court noted that while Torrijos-Zamora engaged in civic activities, the record showed the gang targeted him because he interfered with their recruitment of young boys for fuel theft. The court cited precedent stating that harm motivated by a gang's recruitment and retaliation goals does not establish a valid nexus. The court rejected the petitioner's argument that the Board ignored evidence of political motivation, noting that Torrijos-Zamora himself admitted the gang targeted him to take boys away from his programs. Regarding the claim for withholding of removal, the court affirmed that the nexus requirement applies equally to both asylum and withholding of removal, so the Board's consolidated analysis was legally sound. Finally, the court addressed the Convention Against Torture claim. It held that while country condition reports showed generalized violence, they did not prove that Torrijos-Zamora personally faced a substantial risk of torture. The court reiterated that evidence of generalized violence is insufficient to meet the 'more likely than not' standard required for CAT protection.
The petition for review is denied, meaning the Board of Immigration Appeals' order denying asylum, withholding of removal, and CAT protection stands. Torrijos-Zamora remains subject to removal to Mexico. The decision reinforces the strict application of the nexus requirement in gang violence cases, clarifying that economic or recruitment motives do not qualify as protected grounds. It also reiterates that generalized violence reports cannot substitute for specific evidence of individual torture risk under the Convention Against Torture.
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