NUNEZ CAMPOS v. GARLAND (2021)

United States Court of Appeals, Ninth Circuit.2021-07-12No. No. 20-70942

Summary · law.co

Holding. The petition for review is denied. Substantial evidence supports the agency's determination that the petitioner failed to meet her burden of proof for protection under the Convention Against Torture.

Ruth Nunez-Campos sought review of a Board of Immigration Appeals decision that upheld the denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture. The immigration judge and Board concluded that Nunez-Campos had not satisfied her burden of proof for CAT protection, finding insufficient evidence that her husband would torture her or that the Mexican government would allow such torture to occur.

On appeal, Nunez-Campos argued that the agency had overlooked evidence about country conditions in Mexico, particularly reports documenting widespread domestic violence against women. The court found, however, that the immigration judge had thoroughly reviewed and discussed the country conditions evidence presented. General circumstances affecting women in Mexico did not override the agency's specific factual findings about Nunez-Campos's individual circumstances. Since Nunez-Campos did not challenge the core finding that she failed to demonstrate her husband would torture her, and nothing in the record required a different conclusion, the court upheld the denial of relief.

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Key issues

Whether substantial evidence supports the denial of Convention Against Torture protection
Whether country conditions evidence regarding domestic violence in Mexico requires a different conclusion about individualized risk
Whether an applicant established that a spouse would torture her and that the government would acquiesce

Procedural posture

The petitioner sought judicial review of a Board of Immigration Appeals order affirming the immigration judge's denial of asylum, withholding of removal, and CAT protection.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

MEMORANDUM ***

Ruth Nunez-Campos petitions for review of a Board of Immigration Appeals order upholding the denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We deny the petition for review.

Substantial evidence supports the agencys determination that Nunez-Campos failed to meet her burden for obtaining protection under CAT. See 8 C.F.R. § 1208.16(c)(2). The immigration judge (IJ) denied relief under CAT because Nunez-Campos failed to establish that her husband “would even bother to contact her, much less torture her,” or that the Mexican government would acquiesce in any torture. Before us, Nunez-Campos contends that the agency failed to consider all evidence of torture, namely country conditions reports indicating the prevalence of domestic violence against women in Mexico. But the IJ adequately considered and discussed the country conditions evidence, and the “circumstances of [Mexican] women in general ․ do not vitiate the agencys specific findings” as to Nunez-Campos in particular. Dawson v. Garland, 998 F.3d 876, 885 (9th Cir. 2021). Nunez-Campos does not challenge the IJs finding that she failed to establish that her husband would torture her, and the record does not compel a contrary conclusion. The agency thus properly denied her request for relief under CAT.

PETITION FOR REVIEW DENIED.