Mariela Chavez Ramos v. Merrick Garland


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 19 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARIELA CHAVEZ RAMOS; CINTHIA No. 20-70856 GUADALUPE HERNANDEZ CHAVEZ; BRAYAN CHAVEZ RAMOS; KAMILA Agency Nos. A209-163-662 GONZALEZ CHAVEZ, A209-163-663 A209-163-664 Petitioners, A209-163-665 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 11, 2021** San Francisco, California Before: WALLACE and COLLINS, Circuit Judges, and RAKOFF,*** District Judge. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. Mariela Chavez Ramos, a native citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (Board) decision affirming the Immigration Judge’s (IJ) denial of her application for asylum, withholding of removal, and relief pursuant to the Convention Against Torture (CAT). She also challenges the denial of her minor children’s derivative applications. We have jurisdiction pursuant to 8 U.S.C. § 1252. We deny the petition. I. Chavez Ramos asserts that the Knights Templar extorted and attempted to recruit her husband, Juan Ramon Gonzalez Alcantar.1 She also believes the cartel members murdered him when he refused. She alleges that two cartel members told her that they would not have killed her husband if he had cooperated with them. The local authorities provided protection to her and her minor children for a period of time after Gonzalez Alcantar’s death. Chavez Ramos did not ask for additional protection after the police presence tapered off. Due to the cartel’s continued crossings across her family’s ranch, Chavez Ramos and her children came to the United States and applied for asylum, withholding of removal, and CAT relief upon 1 Gonzalez Alcantar was not legally Chavez Ramos’s husband because they were not formally married, although she refers to him as her husband at points during her testimony before the IJ. Regardless, the IJ and the Board (collectively, the Agency) accepted that Gonzalez Alcantar was Chavez Ramos’s husband, so we do the same. Gonzalez Alcantar’s name is also spelled one of two ways throughout the record: Gonzalez Elcontar and Gonzalez Alcantar. We have chosen to use the latter because it was used on official records from Mexico. 2 entry at the border. Chavez Ramos’s children are derivative applicants, and their applications are identical and affixed to their mother’s application. Before the Agency, Chavez Ramos contended she belongs to one of the following particular social groups: (1) the family of her late husband; (2) single women without familial protection; or (3) single women in Mexico without familial protection who have refused to cooperate with cartels. Chavez Ramos testified before the IJ that she did not believe she could safely relocate to another part of …

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