Raul Plaza-Ramirez v. Jefferson B. Sessions III
Opinion
Raul Plaza-Ramirez is a citizen of Mexico. He petitions for judicial review of a Board of Immigration Appeals order denying his application for withholding of removal based on a threat of persecution if he were to return to Mexico. The immigration judge denied relief, finding no nexus between Plaza-Ramirez's membership in a "particular social group" and the persecution he described. The Board affirmed. We deny the petition because substantial evidence supports the judge's and the Board's decisions.
I. Factual and Procedural Background
In the summer of 2001, Raul Plaza-Ramirez entered the United States from Mexico without inspection or admission. He lived and worked in Naperville, Illinois for nearly a decade. In 2010, he was traveling in upstate New York and was apprehended by Border Patrol agents. The government began the process of removing him from the United States. He conceded removability but applied for asylum, withholding of removal, and protection under the Convention Against Torture.
Plaza-Ramirez based his persecution claim on an attack he suffered in 1999. He was at a dance club in his home town in central Mexico when he was followed into the restroom by members of a gang called Los Negros. Mistakenly thinking he was affiliated with his cousin's rival gang, they viciously beat him with a metal pipe. Afterwards, they threatened him several times, but they did not physically attack him *285 again. He fled the country nine months later. Afraid of retaliation, he never filed any police reports.
To support his claim for withholding of removal, Plaza-Ramirez argued that he was targeted because he is a member of a particular social group: his own family. Essentially, he contends Los Negros attacked him solely because he is kin to his gang-affiliated cousin. In general, to qualify as a refugee under United States law, a person must be unable or unwilling to return to his own country "because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion."
Plaza-Ramirez argued that returning to Mexico continued to be dangerous for him. He asserted that his girlfriend's sister was kidnapped for ransom in his home town in 2010 by a member of Los Negros. (Police rescued her before she was physically injured.)
The immigration judge denied relief. The asylum claim was untimely because Plaza-Ramirez did not apply until over a decade after his first year of entry. See
Plaza-Ramirez appealed to the Board of Immigration Appeals on the sole basis of withholding; he conceded that his asylum claim was time-barred, and he made no argument supporting his Convention Against Torture claim. The Board upheld the judge's ruling, finding that Plaza-Ramirez had failed to show sufficient persecution and failed to show any nexus between the 1999 attack and his membership in a particular social group. 1
II. Discussion
Where the Board affirms the immigration judge's decision, adopts its reasoning, and supplements with its own, we review both decisions.
Halim v. Holder
,
*286
Orellana-Arias v. Sessions
,
Plaza-Ramirez seeks review of the Board's rejection of his claim for withholding of removal. To be eligible for withholding of removal, he needed to show (1) membership in a particular social group and (2) a connection between that group and the persecution alleged.
Substantial evidence supports the immigration judge's conclusion that no nexus existed between the attack and Plaza-Ramirez's family membership. Plaza-Ramirez admitted that there were no threats against any of his other family members. He also admitted he was attacked because he was mistakenly associated with a rival gang. The absence of evidence of threats to or attacks on other family members distinguishes this case from cases like
W.G.A.
, where the petitioner offered extensive evidence of the gang's threats to other family members and otherwise linked the gang's persecution to his family.
Plaza-Ramirez also appeals his asylum and Convention Against Torture claims, but he waived these arguments by failing to raise them before the Board.
Ghani v. Holder
,
Before this court, Plaza-Ramirez also raises for the first time a due process claim. He argues that the immigration judge showed bias by asking most of the questions at the hearing and by "saying he was going to treat the case as a withholding of removal only case." Plaza-Ramirez waived this claim, as well, by not raising it first before the Board. In any event, it has no merit. The record makes clear that the judge considered Plaza-Ramirez's other arguments. The fact that a busy and experienced judge asked questions to focus the hearing on the issues he thought were most critical does not show bias.
Finally, Plaza-Ramirez moves for remand to the Board because he believes the Supreme Court's recent decision in
Pereira v. Sessions
, --- U.S. ----,
The petition for review is DENIED. The motion to remand is also DENIED.
In explaining its finding that the gang's attack on Plaza-Ramirez with a metal pipe and later threats did not amount to "persecution" under immigration law, the Board has again conflated its standard of review with ours. Drawing the line for persecution is difficult, requiring the Board and courts to distinguish "between the nasty and the barbaric," as we put it in
Stanojkova v. Holder
,
Reference
- Full Case Name
- Raul PLAZA-RAMIREZ, Petitioner, v. Jefferson B. SESSIONS III, Attorney General of the United States, Respondent.
- Cited By
- 23 cases
- Status
- Published