Case Explained: LOZA BOTELLO, ET AL. V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-11 The Ninth Circuit denied the petition for review of the Board of Immigration Appeals’ decision affirming an Immigration Judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court applied the substantial evidence standard to review the Agency’s findings, upholding them unless any reasonable adjudicator would be compelled to conclude otherwise. The court held that substantial evidence supports the determination that the harm suffered by the Petitioners lacks the requisite nexus to a protected ground. The record indicated that intruders stole valuables from the family’s home without making demands or contacting the family again, suggesting the motive was economic theft rather than persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The court rejected the Petitioners’ argument that the shooting of their father and killing of a dog compelled an inference of non-economic motive, citing *INS v. Elias-Zacarias*. Additionally, the court found the Agency properly considered the CAT claim by weighing evidence of cartel involvement and police corruption against countervailing evidence, such as the offer of protection to the Petitioners’ father and the inability to identify the burglars, concluding the Petitioners were not more likely than not to be tortured. The court also noted that due process and equal protection claims raised in the opening brief were forfeited for failure to develop those contentions. As a practical consequence, the petition is denied, the temporary stay of removal entered pursuant to General Order 6.4(c) is lifted effective immediately, and the Petitioners’ motion to stay removal is denied, allowing for their removal from the United States. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.