NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 14 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ESMERALDA MARTINEZ LEMOS; et al., No. 18-72857 Petitioners, Agency Nos. A206-372-167 A206-372-166 v. A206-372-168 A206-372-169 WILLIAM P. BARR, Attorney General, A206-372-170 A206-372-171 Respondent. MEMORANDUM* On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 10, 2020** Seattle, Washington Before: CLIFTON, D.M. FISHER,*** and M. SMITH, Circuit Judges. Petitioners Esmeralda Martinez Lemos and her five children seek review of the Board of Immigration Appeals’ (BIA) denial of their applications for asylum, * 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 D. Michael Fisher, United States Circuit Judge for the U.S. Court of Appeals for the Third Circuit, sitting by designation. withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252(a). We deny the petition. Petitioners argue that the agency violated their right to due process because the Immigration Judge (IJ) and BIA used the phrase “anti-gang political opinion,” while their political opinion is actually one of “neutrality” in the feud between the Knights Templar and the Self-Defense Groups. The BIA violates due process if “(1) the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting h[er] case, and (2) the alien demonstrates prejudice, which means that the outcome of the proceeding may have been affected by the alleged violation.” Vilchez v. Holder, 682 F.3d 1195, 1199 (9th Cir. 2012) (quoting Lacsina Pangilinan v. Holder, 568 F.3d 708, 709 (9th Cir. 2009)). Petitioners were not prevented from reasonably presenting their case. The IJ directly considered the political neutrality argument, saying, “I saw your [neutrality] arguments, they’re here. But . . . what [Petitioners] believed in politically, . . . is just completely unrelated to anything.” The IJ further stated that he was “trying to probe if there were some other issues involved.” Having found none, he concluded there was no evidence suggesting that the Knights Templar were motivated by Petitioners’ “anti-gang” beliefs. The BIA affirmed on the same 2 18-72857 basis. Regardless of terminology, the agency did not prevent Petitioners from reasonably presenting their argument. Even if Petitioners were prevented from reasonably presenting their case, they have not demonstrated prejudice. An asylum seeker claiming past or future persecution on account of a political opinion must establish, among other things, that her persecutors know of her political opinion (or impute it to her) and that her political opinion causes the persecution. Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir. 1997). No evidence suggests that the Knights Templar knew of Madrigal’s political opinion and acted on account of it when they demanded money and kidnapped him. Contrary to Petitioners’ assertion, Gonzales-Neyra v. INS, 122 F.3d 1293 ...
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