Escobar-Hernandez

MEMORANDUM

Substantial evidence supports the BIA’s conclusion that petitioner failed to establish past persecution or a well-founded fear of future persecution on account of “membership in a particular social group.” 8 U.S.C. § 1101 (a)(42)(A). Kinship ties may constitute membership in a particular social group for asylum purposes, Thomas v. Gonzales, 409 F.3d 1177, 1180 (9th Cir. 2005) (en banc), rev’d on other grounds, Gonzales v. Thomas, 547 U.S. 183,186 , 126 S.Ct. 1613 , 164 L.Ed.2d 358 (2006), as long as an asylum applicant can establish that the past or anticipated persecution was “on account of’ such kinship ties, Baghdasaryan v. Holder, 592 F.3d 1018, 1023 (9th Cir.2010). Substantial evidence supports the BIA’s conclusion that the intruders who attacked petitioner did so not because he was related to his cousin, but because of his likely knowledge of his cousin’s location. Petitioner did not present any evidence that the individuals attacked or intimidated any of his other family members. Thus, the BIA correctly concluded that he failed to demonstrate persecution on account of membership in a particular social group.

Absent past persecution, a petitioner must…