Linnares Popp v. Holder

MEMORANDUM

Ruth Linares Popp (“Ruth”), Mauro Gregorio Bendezu (“Mauro”) and their children (collectively “petitioners”) petition for review of final orders and decisions of the Board of Immigration Appeals (BIA) affirming a decision of an immigration judge (IJ), denying their claims for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).

Petitioners are citizens of Peru, although Ruth is also a citizen of Argentina. Petitioners allege that the Shining Path persecuted them. They allege that in order to escape this persecution, in December of 2001, Ruth and two of the children went to Argentina and stayed with Ruth’s sister. Mauro left Peru for the United States in January, 2002. Ruth and the children returned to Peru in February or March of 2002, allegedly because of an Argentinian banking crisis. Ruth and the children came to the United States in September, 2002. Mauro filed an application for asylum, withholding of removability and protection under the CAT on September 11, 2003, one year and nine months after entering the U.S. Ruth and the children all filed their applications on September 11, 2003, exactly one year after they entered the…