Latest Case: Villegas Sanchez v. Garland (Immigration Law)

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Villegas Sanchez v. Garland

Docket: 16-73745

Opinion Date: March 11, 2021

Judge: Ryan D. Nelson

Areas of Law: Immigration Law

The Ninth Circuit denied a petition for review of the BIA's decision upholding an IJ's denial of petitioner's applications for asylum and withholding of removal. Petitioner claims that she suffered past persecution and has a well-founded fear of future persecution based on her membership in the proposed particular social groups of "Salvadoran women who refuse to be girlfriends of MS gang members" and "Salvadoran women who refuse to be victims of violent sexual predation of gang members." The panel concluded that substantial evidence supports the BIA's dismissal of her past persecution claim. The panel explained that substantial evidence supports the BIA's determination, including its specific reliance on the IJ's findings, that the threats here do not amount to past persecution. In this case, petitioner's neighbor issued vague threats, confronted her several times over a period of weeks, did not perform any acts of violence, and never followed through on any of his threats. Therefore, although condemnable, these threats were not so overwhelming so as to necessarily constitute persecution. The panel also concluded that substantial evidence supports the BIA's determination that petitioner's proposed particular social groups are not distinct in Salvadoran society. Finally, petitioner's argument that the BIA conducted an inadequate inquiry into the record regarding social distinction is unavailing.