Jorge Moreno Ramirez v. Merrick Garland
15-72144
| 9th Cir. | Mar 15, 2022Background
- Petitioner Jorge Guadalupe Moreno Ramirez, a Mexican national, sought asylum, withholding of removal, and CAT protection; the BIA affirmed the IJ's denial and Moreno petitioned for review.
- The Ninth Circuit previously affirmed denial of Moreno's CAT claim, so that issue is precluded from relitigation.
- Moreno alleges past violence in his family: his uncle Telesforo was shot over 24 years ago, which Moreno contends may have been a message to another uncle, Valentin, an undercover police officer.
- Moreno offers little evidence linking the shooting to family ties; Valentin and his family still live in Mexico without harm.
- Moreno has voluntarily returned to and visited the town where the shooting occurred without incident.
- The BIA found Moreno’s proposed particular social group—"previous U.S. residents"—noncognizable for lacking particularity and social distinction; the Ninth Circuit denied the petition for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| CAT relief preclusion and merits | Moreno contends CAT claim merits reconsideration | BIA/Respondent argues prior appellate decision forecloses relitigation; substantial evidence supports denial | Denied; prior decision precludes relitigation and substantial evidence supports CAT denial |
| Persecution based on family ties | Moreno asserts shooting of uncle shows family-based risk | BIA/Respondent argues link is speculative, incident was remote in time, and family remains unharmed | Denied; fear of persecution on family-ground not well-founded |
| Cognizability of proposed social group ("previous U.S. residents") | Moreno argues group qualifies as a particular social group | BIA/Respondent argues group is overbroad, lacks clear boundaries and social distinction | Denied; group lacks particularity and social distinction |
Key Cases Cited
- Ramirez v. Holder, [citation="586 F. App'x 272"] (9th Cir. 2014) (prior appellate denial of Moreno's CAT claim)
- In re Duncan, 713 F.2d 538 (9th Cir. 1983) (preclusion of relitigation of previously decided issues)
- Silaya v. Mukasey, 524 F.3d 1066 (9th Cir. 2008) (standards for establishing government acquiescence in torture)
- Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013) (en banc) (particularity/delimitable-boundaries requirement for social groups)
- Barbosa v. Barr, 926 F.3d 1053 (9th Cir. 2019) (rejecting overly broad social-group definitions)