Del Rio v. Gonzales

MEMORANDUM ***

Humberto Del Rio, his wife Ana Luisa Grajales Del Rio, and their two daughters Ana K. Del Rio Grajales and Kathya Del Rio Grajales, all natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order affirming without opinion an immigration judge’s (“IJ”) denial of their applications for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s factual findings for substantial evidence. Narayan v. Ashcroft, 384 F.3d 1065, 1067 (9th Cir.2004). We grant in part, deny in part, and dismiss in part, the petition for review.

The IJ’s finding that Del Rio failed to demonstrate that his alleged persecutors were motivated, at least in part, by an imputed political opinion is not supported by substantial evidence. See Navas v. INS, 217 F.3d 646, 656 (9th Cir.2000). Although the threats against Del Rio and the murders of his relatives could be attributable to a personal vendetta, Del Rio’s testimony and the corroborating news articles establish that the vendetta and accompanying violence was caused, at least in part, by his…