Villegas Sanchez v. Garland, No. 16-73745 (9th Cir. 2021)
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The Ninth Circuit denied a petition for review of the BIA's decision upholding an IJ's denial of petitioner's applications for asylum and withholding of removal. Petitioner claims that she suffered past persecution and has a well-founded fear of future persecution based on her membership in the proposed particular social groups of "Salvadoran women who refuse to be girlfriends of MS gang members" and "Salvadoran women who refuse to be victims of violent sexual predation of gang members."
The panel concluded that substantial evidence supports the BIA's dismissal of her past persecution claim. The panel explained that substantial evidence supports the BIA's determination, including its specific reliance on the IJ's findings, that the threats here do not amount to past persecution. In this case, petitioner's neighbor issued vague threats, confronted her several times over a period of weeks, did not perform any acts of violence, and never followed through on any of his threats. Therefore, although condemnable, these threats were not so overwhelming so as to necessarily constitute persecution. The panel also concluded that substantial evidence supports the BIA's determination that petitioner's proposed particular social groups are not distinct in Salvadoran society. Finally, petitioner's argument that the BIA conducted an inadequate inquiry into the record regarding social distinction is unavailing.
Court Description: Immigration. Denying Francisca Villegas Sanchez’s petition for review of the Board of Immigration Appeals’ decision upholding an immigration judge’s denial of her applications for asylum and withholding of removal, the panel held that substantial evidence supported the Board’s determination that she failed to establish past harm rising to the level of persecution, and that her proposed social groups were not cognizable. The panel held that Villegas Sanchez did not establish past persecution, where her alleged persecutor issued vague threats, confronted her several times over a period of weeks, did not perform any acts of violence, and never followed through on any of his threats. The panel explained that, though condemnable, the unfulfilled threats were not so overwhelming to necessarily constitute persecution. The panel held that substantial evidence supported the Board’s determination that petitioner’s proposed social groups comprised of “Salvadoran women who refuse to be girlfriends of MS gang members” and “Salvadoran women who refuse to be victims of violent sexual predation of gang members” lacked social distinction. Noting that the government did not contest that the proposed groups satisfy the first social distinction requirement of sharing “a common immutable characteristic,” the panel wrote that women either VILLEGAS SANCHEZ V. GARLAND 3 cannot change, or should not be required to change their gender because it is fundamental to their identity, and women should not be required to change their choice not to submit to gang members and enter into a sexual relationship in order to avoid persecution. The panel concluded that Villegas Sanchez failed to present sufficient evidence to compel the finding that society in general perceives, considers, or recognizes persons sharing her proposed particular characteristics to be a group. Explaining that the social distinction inquiry encompasses principles that will ordinarily demand some type of corroborative, objective evidence other than an applicant’s testimony, the panel concluded that the evidence Villegas Sanchez presented, including country report evidence stating generally that women in El Salvador can be ill-treated, and her aunt’s suggestion that she leave El Salvador, did not compel the conclusion that Salvadoran society perceives women similarly situated to her as a group. The panel also rejected Villegas Sanchez’s assertion that the Board did not perform the required evidence-based inquiry as to whether the relevant society recognized her proposed groups.
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