Josefa Leon-Leon; Maria Leon- Leon v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEFA LEON-LEON; MARIA LEON-
LEON,
Petitioners,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 22-1295
Agency Nos.
A216-167-833
A216-167-842
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 16, 2023**
San Francisco, California
Before: SILER, NGUYEN, and R. NELSON, Circuit Judges.***
Petitioner Josefa Leon-Leon (“Josefa”) and her minor daughter Maria Leon-
Leon, petition for review of an order of the Board of Immigration Appeals (“BIA”)
* 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 Eugene E. Siler, United States Circuit Judge for the
Court of Appeals, 6th Circuit, sitting by designation.
FILED
OCT 19 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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affirming an order denying their petition for asylum, withholding of removal, and
protection under the Convention Against Torture (“CAT”). Josefa argues that the
brief kidnapping of two members of her extended family entitles her to stay in the
United States. We disagree and deny the petition for review.
Josefa argues that the agency erred when it denied her petition for asylum,
withholding of removal, and CAT protection. We review the BIA’s judgment under
the substantial evidence standard, and “the agency’s findings of fact are considered
conclusive unless any reasonable adjudicator would be compelled to conclude to the
contrary.” Rodriguez-Zuniga v. Garland, 69 F.4th 1012, 1016 (9th Cir. 2023)
(emphasis in original) (quotations omitted). Questions of law are reviewed de novo.
Id.
1. To qualify for asylum, Josefa must establish that she is unwilling or unable to
return to Guatemala due to past “persecution or a well-founded fear of persecution”
based on a protected category. 8 U.S.C. § 1101(a)(42); Id. § 1158(b)(1)(A). To
qualify for withholding of removal, she must show a “clear probability” of such
persecution. Alvarez-Santos v. I.N.S., 332 F.3d 1245, 1255 (9th Cir. 2003); see also
8 U.S.C. § 1231(b)(3)(A).
Substantial evidence supports the agency’s finding that Josefa failed to show
that the harms she suffered were in fact past “persecution” under either the asylum
or withholding standard. She testified that her brother was kidnapped in Mexico and

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the authorities did not investigate the matter because the family could not afford to
hire the professional help necessary to file a report. On another occasion, when her
partner’s cousin was kidnapped in Guatemala and held for three hours, the
government was alerted, investigated the matter, and arrested the perpetrator.
“[A]lthough harm to a petitioner’s close relatives, friends, or associates may
contribute to a successful showing of past persecution, it must be part of a pattern of
persecution closely tied to” Josefa herself. Sharma v. Garland, 9 F.4th 1052, 1062
(9th Cir. 2021) (cleaned up). Because Josefa did not establish that the kidnappings
were closely tied to her, the agency’s determination that Josefa suffered no past
persecution is supported by substantial evidence. Josefa does not separately claim
fear of future persecution. See id. at 1065 (a petitioner who cannot show past
persecution may be eligible for relief upon showing future persecution).
2. Petitioners also allege error by the agency in denying CAT protection. To
obtain CAT protection, Josefa must establish that it is “more likely than not” that
she would be tortured if returned to Guatemala. 8 C.F.R. 1208.16(c)(2).
The agency found that because Josefa had not been tortured in the past and
could relocate within the country, she did not qualify for CAT protection. Josefa
argues that Guatemala has a “long history of discrimination against persons such as
[Josefa],” and therefore she is entitled to CAT protection. But the fact that
Guatemala struggles to suppress crime within its borders does not mean that Josefa

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has suffered torture—or will suffer torture—upon return there. Therefore, the
agency’s decision is supported by substantial evidence and should not be disturbed.
The petition is DENIED.

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