Case Explained: NAVARRO DIAZ, ET AL. V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-06-26 The Ninth Circuit denied the petition for review filed by two Salvadoran nationals seeking asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court held that substantial evidence supported the Board of Immigration Appeals’ determination that the lead petitioner failed to establish a well-founded fear of future persecution. Specifically, the court found the petitioner did not demonstrate that her non-gang affiliated tattoos would be imputed with a political opinion or that she faced an individualized risk of persecution based on those tattoos. Furthermore, the court affirmed the agency’s conclusion that “Salvadoran persons with tattoos” does not constitute a cognizable particular social group because it lacks sufficient particularity and social distinction. The court also ruled that any narrower proposed social groups were not administratively exhausted and therefore could not be considered. Regarding withholding of removal, the petitioners failed to meet the more stringent “clear probability” standard required for such relief since they did not establish a likelihood of persecution. Finally, the court found substantial evidence supported the denial of CAT protection, noting the petitioner offered only generalized country condition evidence rather than specific proof that she was more likely than not to be tortured if returned to El Salvador. The petitioners’ claims regarding the derivative applicant’s separate application were also dismissed due to a failure to exhaust administrative remedies. As a result, the petition is denied, though the temporary stay of removal remains in effect until the mandate issues. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.