Emilia Mercado v. Eric Holder, Jr.

MEMORANDUM

Emilia Grande Mercado, Pedro Mercado, Aristides Giovanni Mercado Grande, Dany Heriberto Mercado Grande, and Susy Yesenia Mercado Grande (collectively “Petitioners”) petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction to review a final order of the BIA under 8 U.S.C. § 1252 (a)(1).

The immigration judge (“U”) determined that Petitioners were credible in their testimony and that they had a subjectively and objectively reasonable fear of future persecution, but that they failed to demonstrate that their fear of persecution was on account of a protected ground. The BIA affirmed the IJ’s decision that Petitioners had failed to establish a nexus to a protected ground.

The record does not compel a contrary conclusion with respect to Petitioners’ claims that they were persecuted on account of religion. Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006) (holding reversal is only warranted where the evidence compels the contrary conclusion). While Petitioners may have been religiously motivated, there is not compelling…