Opinion
20-73647
10-19-2022
ARACELI FLORES AGUILAR, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.
NOT FOR PUBLICATION
Submitted October 14, 2022 Honolulu, Hawaii
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A209-385-544
Before: SCHROEDER, RAWLINSON, and BRESS, Circuit Judges.
MEMORANDUM
Araceli Flores Aguilar, a citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") decision denying asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). She 1 contends that she fears harm on account of her membership in social groups comprised of (1) Mexican women opposed to male domination, and (2) family members of individuals who reported crime to law enforcement.
Petitioner testified that she was physically abused by David Rodriguez, her domestic partner and the father of her youngest child, before their relationship ended in 2012. She also testified that while she was staying with her cousin, he was taken by masked gang members and the next day was discovered dead. She fears returning to Mexico because of threats she has received from Rodriguez and gang members.
In order to qualify for asylum and withholding, the applicant must establish a fear of harm on account of membership in a particular social group. 8 U.S.C. § 1101(a)(42)(A). The BIA recognized that Petitioner may well have been seriously injured by Rodriguez and threatened by gang members. It upheld denial of relief, however, because Petitioner had not shown that the fear was on account of membership in the claimed social groups. Petitioner may have been opposed to male domination, but, as the BIA observed, there was no showing that Rodriguez harmed her for that reason. Similarly, she may have been threatened by the cartel, but there was no showing it was because of her family relationship to her cousin or 2 to those who reported the kidnaping and murder. The BIA's denial of asylum and withholding for lack of a causal nexus must be upheld.
In support of her CAT claim, Petitioner relies on generalized evidence of crime and violence by cartels that is insufficient to meet the CAT standard because it is not particular to her. See Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (per curiam).
PETITION DENIED. 3
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).