TOVAR VASQUEZ v. SESSIONS III (2018)

MEMORANDUM **

Maria Arcelia Tovar-Vasquez (Tovar-Vasquez), a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (BIA) dismissing her appeal of a decision from an Immigration Judge denying asylum, withholding of removal, and relief under the Convention Against Torture (CAT).

Tovar-Vasquez undoubtedly was subjected to persecution and torture in Mexico. Unfortunately, the persecution and torture were at the hands of her brother, who suffered from mental health issues and the effects of substance abuse. This record before the IJ reflects that Tovar-Vasquez was unable to establish any connection between the persecution she suffered and any protected ground.¹ See I.N.S. v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (noting that a petitioner is entitled to asylum relief if she can establish persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion”) (citations omitted). Consequently, the denial of asylum and withholding of removal was based on substantial evidence. See id. (reviewing for substantial evidence).

The denial of CAT relief was also supported by substantial evidence because Tovar-Vasquez failed to show that the government was unable or unwilling to intercede on her behalf. See Andrade-Garcia v. Lynch, 828 F.3d 829, 836 (9th Cir. 2016), as amended. As the BIA noted, Tovar-Vasquez testified that the police responded to her call for assistance following one assault by her brother, but she refused to press charges. On this record, Tovar-Vasquez’s CAT claim fails.

PETITION DENIED.

FOOTNOTES

1.   For this reason, we need not remand to the BIA under Barajas-Romero v. Sessions, 846 F.3d 351 (9th Cir. 2017).