Victoria Ramirez-Ruano v. Jefferson Sessions
683 F. App'x 646
| 9th Cir. | 2017Background
- Victoria Carolina Ramirez-Ruano, a Guatemalan national, applied for asylum, withholding of removal, and CAT protection after violence and attempted extortion by an 18th Street gang member and after reporting that gang member to local police.
- The Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) concluded her persecution stemmed from random violence/attempted extortion and her report to police, not from persecution on account of gender.
- Ramirez-Ruano appealed the BIA decision to the Ninth Circuit challenging denial of asylum, withholding of removal, and CAT relief.
- The Ninth Circuit found Ramirez-Ruano failed to exhaust her CAT claim before the BIA, so the court lacks jurisdiction over CAT relief.
- The court recognized intervening Ninth Circuit authority potentially relevant to her asylum/withholding claims regarding particular social groups and nexus to persecution.
- The petition was granted in part and remanded to the BIA for reconsideration of asylum and withholding claims in light of intervening precedent; claims based on broad proposed social groups defined by gender were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction over CAT claim | Ramirez-Ruano urged review of denial of CAT protection | Government argued she failed to exhaust CAT before BIA | Dismissed for lack of jurisdiction; exhaustion required under 8 U.S.C. §1252(d)(1) |
| Whether reporting gang constitutes membership in a particular social group | Ramirez-Ruano argued her concrete steps opposing gang (reporting) fit established PSG framework | Government argued persecution was random/extortion-related, not on account of a PSG | Remanded: BIA must reconsider asylum/withholding under Henriquez-Rivas and Pirir-Boc standards |
| Nexus standard for withholding vs asylum | Ramirez-Ruano contended nexus exists for withholding and asylum | Government contested nexus especially for asylum's stricter standard | Court noted withholding has a less demanding nexus (Barajas-Romero) and remanded for BIA to apply that guidance |
| Gender-based persecution claim | Ramirez-Ruano claimed persecution was on account of being a Guatemalan woman / at risk of rape and murder | Government maintained evidence did not show persecution on account of gender | Denied: record does not compel finding of persecution on account of gender |
Key Cases Cited
- Sola v. Holder, 720 F.3d 1134 (9th Cir. 2013) (exhaustion requirement bars jurisdiction over unexhausted claims)
- Pirir-Boc v. Holder, 750 F.3d 1077 (9th Cir. 2014) (witnesses against gang members and persons opposing gangs can constitute particular social groups)
- Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013) (en banc) (framework for particular social groups including those opposing gang activity)
- Barajas-Romero v. Lynch, 846 F.3d 351 (9th Cir. 2017) (withholding of removal requires a less demanding nexus than asylum)
- Pannu v. Holder, 639 F.3d 1225 (9th Cir. 2011) (remand to agency when intervening authority may change outcome)