FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT EMILIA VELASQUEZ-GASPAR, No. 17-71964 Petitioner, Agency No. v. A200-903-039 WILLIAM P. BARR, Attorney General, Respondent. OPINION On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted April 1, 2020 Pasadena, California Filed September 30, 2020 Before: Richard A. Paez, Consuelo M. Callahan, and Lawrence VanDyke, Circuit Judges. Opinion by Judge Callahan; Concurrence by Judge VanDyke; Dissent by Judge Paez 2 VELASQUEZ-GASPAR V. BARR SUMMARY * Immigration Denying Emilia Velasquez-Gaspar’s petition for review of the Board of Immigration Appeals’ denial of asylum and related relief, the panel held that substantial evidence supported the agency’s determination that Velasquez- Gaspar failed to establish that the Guatemalan government was unwilling or unable to protect her from abuse by her ex- boyfriend, and that she waived review of her claim under the Convention Against Torture. The panel concluded that substantial evidence supported the agency’s determination that, had Velasquez-Gaspar reported her abuse, the Guatemalan government could have protected her from her abusive ex-boyfriend. The panel noted that the State Department reports show that Guatemala is working to curb violence against women, that the law criminalizes rape and domestic abuse, and that officials investigate and prosecute cases under those laws. The panel acknowledged that conviction rates are exceptionally low, and officers often face a lack of resources and training, but noted that it must analyze not only whether the government can control the attackers, but also whether it can protect the attacked. The panel explained that, on this point, the reports convey that justices of the peace issued restraining orders and ordered police protection for abuse victims in an unspecified number of cases, and that Guatemala has established programs, offices, and shelters for female * This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. VELASQUEZ-GASPAR V. BARR 3 victims of physical and sexual assault. The panel observed that one such shelter operates in Quetzaltenango, where Velasquez-Gaspar lived. The panel explained that although the State Department reports make clear that Guatemala still has a long way to go in addressing domestic violence, the country’s efforts, coupled with the pleas of Velasquez- Gaspar’s acquaintances that she seek help from police, suggest that she could have obtained help. As a result, the panel concluded that, as this court held in an analogous petition in Castro-Perez v. Gonzales, 409 F.3d 1069 (9th Cir. 2005), it could not say that the record compelled a finding that the Guatemalan authorities would have been unable or unwilling to help Velasquez-Gaspar. The panel also concluded that Velasquez-Gaspar waived any argument as to her CAT claim by failing to specifically and distinctly discuss the matter in her opening brief, but noted that any argument would have failed in any event, as Velasquez-Gaspar failed to show a likelihood of torture by or with the acquiescence of public officials. Concurring, Judge VanDyke agreed with Judge Callahan’s ...
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