Macedo Templos v. Wilkinson

Docket: 15-73122

Opinion Date: February 9, 2021

Judge: Wallace

Areas of Law: Immigration Law

The Ninth Circuit denied in part and granted in part a petition for review of the BIA's denial of withholding of removal and protection under the Convention Against Torture (CAT). The panel held that the Board correctly concluded that petitioner's proposed social group of "Mexican wealthy business owners" was not cognizable because it lacked social distinction, particularity, or an immutable characteristic. Even if petitioner's proposed group were cognizable, the panel concluded that he would still not be entitled to relief. In this case, substantial evidence supports the IJ's decision that petitioner did not establish a nexus between the feared harm and his alleged membership in the proposed group. In regard to the CAT claim, the panel held that the Board erred in finding that petitioner had not proven he had been "subjected to any harm by Mexican officials." Even if the judicial officers were not in uniform and did not act in their official capacity, the panel concluded that petitioner has sufficiently demonstrated that he was the victim of an official perpetration of violence. The panel remanded with instructions for the Board to consider whether the attack by the judicial police officers qualifies as torture and whether petitioner has established that it was more likely than not he would be tortured if returned to Mexico.