Del Toro-Chacon v. Holder

Good Law
325 F. App'x 558
United States Court of Appeals for the Ninth CircuitMay 1, 2009Nos. 02-73617, 02-73618, 07-70375California387 words

Opinion

Lead Opinion

MEMORANDUM **

Maria del Toro-Chacon (02-73617) and Blanca del Toro-Chacon (02-73618), who are natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’s (“BIA”) affirmance of the immigration judge’s (“IJ”) denial of withholding of removal. 1 The del Toro-Chacons also petition for review of the BIA’s denial of their motion to reopen (07-70375). 2 We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petitions.

We review the denial of withholding of removal for substantial evidence: we may reverse only if the evidence compels the conclusion that either or both of the del Toro-Chacons are more likely than not to be persecuted on account of a protected ground in Mexico. See Bromfield v. Mu-kasey, 543 F.3d 1071, 1076 (9th Cir.2008). Even assuming that the del Toro-Chacons face probable retribution from the family at issue, the evidence does not compel the conclusion that the requisite nexus exists between that retribution and a protected ground, specifically membership in a particular social group. We do not consider the unexhausted argument that the del Toro-Chacons’ family constitutes the relevant social group.

We review a denial of a…

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