Beruflich Dokumente
Kultur Dokumente
Before
Howard, Chief Judge,
Stahl and Lynch, Circuit Judges.
Hans J. Bremer and Bremer Law & Associates, LLC on brief for
petitioners.
Alexander J. Lutz, Trial Attorney, Office of Immigration
Litigation, Civil Division, United States Department of Justice,
Benjamin C. Mizer, Principal Deputy Assistant Attorney General,
Civil Division, and Anthony C. Payne, Assistant Director, Office
of Immigration Litigation, on brief for respondent.
Per curiam.
affirmed an Immigration Judge's ("IJ") decision to deny GranadaRubio's asylum application, of which her sons were derivative
beneficiaries, as well as her requests for withholding of removal
and protection under the Convention Against Torture ("CAT").
We
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with him he was going to kill [her] and [her] three children."
The application stated that Granada-Rubio is "afraid to return to
[her] country because [she] honestly believe[s] that [she] will be
either
injured
or
tortured
or
killed
by
this
gang
and
the
someone who identified himself as being from the MS-13 gang called
Granada-Rubio at her house, said that he knew her husband and her
children, and said that he knew her husband was in the United
States.
Granada-Rubio
said that she could not give him that amount of money.
The caller
replied by asking if she loves her children and said that if she
did not comply she "knew what was going to happen to them."
The
"because sometimes the police are even part of the same thing . . .
[and] [s]ometimes they will report things that have been said to
them because they're also afraid."
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phone, but the caller called again after she reconnected it.
On
"fear
of
victimization
by
gang
members
for
particular
social
group
because
there
is
nothing
to
"because
the
record
does
not
establish
clear
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II.
"Where the BIA affirms the IJ's ruling but adds its own
discussion, we review both decisions."
43, 46 (1st Cir. 2014).
Lopez
We
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application.
Assuming, arguendo,
Mendez"[A]n
Paiz-Morales v. Lynch,
795 F.3d 238, 244 (1st Cir. 2015) (quoting Matter of MEVG, 26
I. & N. Dec. 227, 237 (BIA 2014)).
Granada-Rubio, as lead respondent, argued to the BIA
that "the MS-13 is targeting her because they know that she is
married to a man who is living and working in the United States
and therefore, has the capacity to pay the $500 monthly. [GranadaRubio] is a target because she is a member of a particular
group . . . ."
of
particular
social
group
of
women
with
children
whose
2004) ("[T]heories not advanced before the BIA may not be surfaced
for the first time in a petition for judicial review of the BIA's
final order.").
Addressing the extent of Granada-Rubio's claim that is
exhausted, the BIA supportably found that she has not presented
evidence that such a proposed group is socially distinct.
See
In other
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on
perceived
wealth,
even
if
signaling
an
increased
See Ang v.
Gonzales, 430 F.3d 50, 58 (1st Cir. 2005); Makhoul, 387 F.3d at 82
("A claim for withholding of deportation demands that the alien
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carry
more
stringent
burden
of
proof
than
does
an
asylum
as well.
2014) ("A petitioner seeking CAT protection must show 'it is more
likely than not' that he would be subject to torture 'by or with
the acquiescence of a government official.'" (quoting Nako v.
Holder, 611 F.3d 45, 50 (1st Cir. 2010))); 8 C.F.R. 1208.18(a)(1)
(explaining that under the CAT, "[t]orture is defined as any act
by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person . . . when such pain or
suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting
in an official capacity").
Neither Granada-Rubio's testimony, that "sometimes the
police are even part of the same thing . . . .
Sometimes they
will report things that have been said to them because they're
also afraid. . . . Sometimes they just don't help you," nor the
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acquiescence.
The
country
report
she
submitted
implemented
the
criminal
penalties
for
public
corruption.
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