Gonzalez Castro v. Ashcroft
Opinion of the Court
MEMORANDUM
Maria Socorro Gonzalez Castro, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) final order affirming without opinion the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252, and affirm in part, reverse in part, and remand.
1. Asylum and Withholding of Removal
Because the IJ did not make an adverse credibility finding, we accept Gonzalez Castro’s testimony as true. See Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir. 2004). The IJ concluded that, because Gonzalez Castro did not declare affiliation to a particular political party, she did not have a political opinion. The IJ’s decision
The IJ did not reach the question of whether the threats against Gonzalez Castro and her family rose to the level of persecution, or whether she has a well-founded fear of future persecution. Therefore, we remand for these determinations. INS v. Ventura, 537 U.S. 12, 16-17, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002).
2. Convention Against Torture
Gonzalez Castro did not “establish that it is more likely than not that ... she would be tortured if removed to [Mexico].” Kamalthas v. INS, 251 F.3d 1279, 1284 (9th Cir. 2001) (quoting 8 C.F.R. § 208.16(c)(2)). Although Gonzalez Castro received frightening threats against her and against her children, neither she nor her family was ever attacked, kidnapped, or injured. Substantial evidence thus supports the IJ’s conclusion that any persecution Gonzalez Castro suffered did not rise to the level of the “severe pain or suffering” required by the CAT. 8 C.F.R. § 208.16(a)(1).
3. Conclusion
For the foregoing reasons, we reverse the IJ’s determination that Gonzalez Castro was not subjected to the acts of which she complains “on account of’ her political opinion; we affirm the IJ’s determination that Gonzalez Castro is not eligible for relief under the CAT; and remand for further proceedings consistent with this disposition.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Maria Socorro GONZALEZ CASTRO v. John ASHCROFT, Attorney General
- Status
- Published