Ramirez Perez v. Barr
Opinion
Pedro Antonio Ramírez-Pérez ("Ramírez") seeks review of a Board of Immigration Appeals ("BIA") order affirming the Immigration Judge's ("IJ") denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). We deny Ramírez's petition for review.
I.
The following facts are derived from Ramírez's immigration court testimony, which the IJ found credible.
Ramírez was born in Guatemala on June 29, 1994. There, he worked at a rice factory and through this job earned a higher wage than many in his community. In 2014, Ramírez began an eight-month relationship with a woman named Delmy Rodríguez. Ramírez ended this relationship after learning that Delmy was also romantically involved with a member of the Barrio 18 gang. Ramírez left Guatemala and entered the United States in May 2015, fearing for his life after three encounters with presumed Barrio 18 gang members in the preceding months. According to Ramírez, the gang members decided to assail him after "[t]hey realized [he] was making a lot of money where [he] was working."
Ramírez's first encounter with gang members occurred early in February 2015, when four armed and masked gang members approached him and demanded his money. The second incident came just a week later as Ramírez was returning home *50 from work. This time, two men confronted Ramírez and again demanded his money. A physical altercation took place during this second encounter, but according to Ramírez his assailants did not "hurt [him] roughly." The third and final incident occurred around April or May 2015. Gang members again approached Ramírez and told him that they would make him disappear if he did not disappear on his own. The assailants also told Ramírez not to get involved with their women -- a remark Ramírez interpreted as a reference to his relationship with Delmy. Ramírez did not report any of these incidents to the police.
Ramírez entered the United States without inspection on May 17, 2015 and applied for asylum the following month. He appeared before an IJ on October 11, 2017. Ramírez testified that he feared returning to Guatemala because gang members would pursue him to do harm since he "had previously dated a girl, Delmy ..., who at the same time started dating a member of the [Barrio 18] gang." Despite finding his testimony to be credible, the IJ denied Ramírez's application for asylum, withholding of removal, and protection under the CAT. The IJ found that Ramírez's three encounters with gang members did not amount to persecution and that he did not belong to a cognizable "particular social group" for purposes of refugee status. Ramírez then appealed to the BIA, which dismissed his appeal on October 9, 2018.
II.
"When, as here, the BIA adopts and affirms ... the IJ's ruling and further justifies the IJ's conclusions, we review both the BIA's and IJ'S opinions."
Nako
v.
Holder
,
A.
To obtain asylum, an applicant must establish that he qualifies as a refugee under section 101(a)(42)(A) of the Immigration and Nationality Act ("INA").
B.
The centerpiece of Ramírez's argument is that he is entitled to asylum because of his belonging to a "particular social group" made up by "males who have had romantic involvement with the partners of drug dealers." This proposed social group is somewhat different from the one that Ramírez presented to the agency, which was *51 "people who have been romantically involved with the partners of cartel leaders and have been targeted for assassination on that basis, and who cannot depend on the Guatemalan police for help." And it differs from the asserted social group that was the focus of much of the briefing, as well as of the agency's rulings: "individuals who were romantically involved with a gang member's partner."
To be cognizable for purposes of asylum, a social group must be: "(1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question."
Rivas-Durán
,
Ramírez asserts that his proposed protected group of men who have been romantically involved with the partners of drug dealers "has all the elements of a cognizable social group" entitled to asylum protection, namely, "immutability of a past experience, social visibility, and sufficient particularity." Ramírez explains that his belonging in the group is immutable because "he cannot undo the fact that he was ever" in a romantic relationship with Delmy, who was also involved with drug dealers. But Ramírez fails to discuss how his proposed group fulfills the "social visibility" and "particularity" requirements to be cognizable for asylum.
Despite Ramírez's unhelpful briefing on this issue, "[w]e can pass over the [immutability] and [social distinction] requirements, because even if the petitioner could show that he shared an immutable characteristic with a socially distinct group, he failed to define the purported group with the requisite particularity."
Paiz-Morales
,
*52
The BIA accordingly did not err in concluding -- like the IJ had done before -- that Ramírez is ineligible for asylum because he lacks membership in a cognizable "particular social group." Our resolution of this issue also disposes of Ramírez's withholding of removal claim.
See
C.
Our final task is to consider whether substantial evidence in the record supports the BIA's finding that Ramírez is not entitled to protection under the CAT. We find that it does.
To be granted deferral of removal under the CAT, the burden is on the petitioner "to establish that it is more likely than not that ... he would be tortured if removed to the proposed country of removal."
In assessing whether it is more likely than not that a petitioner would be tortured in the proposed country of removal, "all evidence relevant to the possibility of future torture shall be considered, including ...: (1) [e]vidence of past torture inflicted upon the applicant; (2) [e]vidence that the applicant could relocate to a part of the country of removal where he is not likely to be tortured; (3) [e]vidence of gross, flagrant or mass violations of human rights within the country of removal, where applicable; and (4) [o]ther relevant information regarding conditions in the country of removal."
Ramírez argues that "it is more likely than not that he would be tortured if he were removed to Guatemala." Without much explanation, he avers that the "record demonstrates ... Barrio 18 [gang members] would target [him] for torture, and that ... the Guatemalan government acquiesces to torture." This is so, he alleges, because "both gang members and [the] Guatemalan government are involved in torture," and "criminal gangs have infiltrated law enforcement, government, and the judiciary."
It was Ramírez's burden to establish that there is a clear probability he will be tortured upon his repatriation to Guatemala by the active participation or willful blindness of Guatemalan government authorities.
See
Gurung
v.
Lynch
,
III.
Given the foregoing, we deny Ramírez's petition for judicial review.
Denied .
Our analysis here focuses on "cartel leaders" because, in his proceedings before the agency, Ramírez only included "cartel leaders" -- and not "drug dealers" -- within his proposed particular social group.
See
Granada-Rubio
v.
Lynch
,
Reference
- Full Case Name
- Pedro Antonio RAMÍREZ-PÉREZ, Petitioner, v. William P. BARR, Attorney General of the United States, Respondent.
- Cited By
- 9 cases
- Status
- Published