Gabriel Benito-Sanchez v. Jefferson Sessions
703 F. App'x 633
9th Cir.2017Background
- Petitioner Gabriel Benito-Sanchez is subject to reinstated removal and sought withholding of removal and protection under the Convention Against Torture (CAT) based on fear of persecution/torture in Mexico.
- An Asylum Officer (AO) determined Benito did not show a reasonable fear; the Immigration Judge (IJ) concurred and ordered return of the case to DHS for removal reinstatement.
- Benito was represented by counsel throughout administrative proceedings and before the IJ.
- Benito testified to past non-severe encounters with police in Mexico and asserted a speculative risk of persecution based on family membership; he did not allege prior persecution.
- The IJ and AO found the record did not show a reasonable possibility of future persecution or torture; IJ relied on AO’s detailed findings when concurring.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IJ’s decision lacked sufficient explanation / violated due process | IJ failed to state basis; case should be remanded | IJ properly concurred in AO’s detailed findings; no fundamental unfairness | Denied — concurrence in AO’s findings sufficed; no due process violation |
| Whether Benito showed reasonable fear of persecution in Mexico | Past police encounters and family ties create reasonable possibility of future persecution | Evidence is speculative, no past persecution, police interactions were mild and isolated | Denied — record does not compel finding of reasonable fear of persecution |
| Whether Benito showed reasonable fear of torture under CAT | Police encounters and general risk in Mexico support possibility of torture | Torture requires more extreme conduct; record shows only mild, isolated incidents | Denied — evidence insufficient to show reasonable possibility of torture |
| Whether remand is required | Remand requested for fuller explanation/factfinding | No remand necessary; AO findings were adequate and supported denial | Denied — court affirmed IJ’s concurrence and decision without remand |
Key Cases Cited
- Padilla-Martinez v. Holder, 770 F.3d 825 (9th Cir. 2014) (due process and adequacy of administrative procedure)
- Ramirez-Alejandre v. Ashcroft, 319 F.3d 365 (9th Cir. 2003) (procedural due process in immigration proceedings)
- Wilkinson v. Austin, 545 U.S. 209 (U.S. 2005) (due process protections against fundamentally unfair procedures)
- Ayala v. Sessions, 855 F.3d 1012 (9th Cir. 2017) (reasonable fear standard under expedited removal regulations)
- Nuru v. Gonzales, 404 F.3d 1207 (9th Cir. 2005) (CAT requires more severe conduct than persecution)
- INS v. Elias-Zacarias, 502 U.S. 478 (U.S. 1992) (burden of proof standards in asylum/withholding claims)
- Andrade-Garcia v. Lynch, 828 F.3d 829 (9th Cir. 2016) (review standards for reasonable fear determinations)
- Rios v. Lynch, 807 F.3d 1123 (9th Cir. 2015) (persecution claims based on family membership)
- Delgado-Ortiz v. Holder, 600 F.3d 1148 (9th Cir. 2010) (evidentiary support required for fear claims)