Gonzalez De Torres v. Bondi
24-4863
9th Cir.Jul 9, 2025Background
- Sandra Iveth Gonzalez de Torres and her two daughters, citizens of El Salvador, sought asylum, withholding of removal, and CAT protection in the U.S.
- Their applications were denied by the Immigration Judge; the Board of Immigration Appeals affirmed the denial.
- Gonzalez de Torres claimed persecution based on membership in the "Torres Family" social group and threats from gangs and her ex-husband.
- She argued that Salvadoran authorities could not or would not protect her and her family from harm.
- The police in El Salvador did intervene: her ex-husband was arrested and imprisoned, and police provided protection from gang threats.
- Evidence in the record indicated El Salvador is making efforts to combat gang crime and protect citizens.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Nexus to a Protected Ground | Harm was due to membership in the "Torres Family" | Harm was criminal, not based on protected ground | No nexus found; harm not due to protected characteristic |
| Government Protection | Salvadoran police are unable/unwilling to protect | Police responded and protected Gonzalez de Torres | Police provided meaningful protection; claim fails |
| Past Persecution (Asylum/Withholding) | Suffered past persecution on a protected ground | No evidence of motivation by protected characteristic | No past persecution shown based on protected ground |
| CAT Claim | Entitled to protection due to risk of torture | No state acquiescence; government does not condone | No evidence government would acquiesce; CAT claim denied |
Key Cases Cited
- Rodriguez-Zuniga v. Garland, 69 F.4th 1012 (9th Cir. 2023) (discussing the nexus requirement for asylum and withholding based on protected grounds)
- Garcia v. Wilkinson, 988 F.3d 1136 (9th Cir. 2021) (distinguishing personal retribution from persecution based on protected grounds)
- Andrade-Garcia v. Lynch, 828 F.3d 829 (9th Cir. 2016) (holding general government ineffectiveness in crime prevention does not equal acquiescence under CAT)
