German Ochoa Claudia Diaz v. Alberto R. Gonzales, Attorney General

German Ochoa, the primary petitioner, and his wife Claudia Diaz, the secondary petitioner, are natives and citizens of Colombia. They petition for review of a Bureau of Immigration Appeals’ (“BIA”) order denying asylum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”).

Removal proceedings against the petitioners commenced on or about January 14, 1999. Because the proceedings were initiated after April 1, 1997, the effective date of the Illegal Immigration Reform and Immigrant, Responsibility Act of 1996 (“IIRIRA”), the permanent rules apply. See Tawadrus v. Ashcroft, 364 F.3d 1099, 1102 (9th Cir.2004). The parties conceded at oral argument that the petitioners are subject to final orders of removal. This court has jurisdiction to review final orders of removal pursuant to 8 U.S.C. § 1252 . Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir.2005).

Factual Background

In Colombia, Ochoa owned a women’s clothing store in the San Andresito Shopping Center. Initially, Ochoa purchased clothes in Colombia and sold them at his shop. Then in 1996, he started traveling to the United…