Case Explained: RUVIRA-RODRIGUEZ V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-07 The Ninth Circuit denied the petition for review of the Board of Immigration Appeals’ decisions dismissing the petitioner’s applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court held that the Agency did not abuse its discretion in determining that the petitioner’s California DUI conviction constituted a “particularly serious crime” (PSC), thereby rendering him statutorily ineligible for asylum and withholding of removal. Applying an abuse of discretion standard, the court found the Agency properly considered the nature of the conviction, the 36-month probation sentence imposed, and specific aggravating circumstances, including a blood alcohol content significantly above the legal limit and the presence of a loaded, unregistered firearm within arm’s reach in the vehicle. Furthermore, the court affirmed the denial of CAT relief under the substantial evidence standard, concluding that the record did not compel a finding that the petitioner faced a likelihood of torture by drug cartels or that Mexican officials would acquiesce to such harm, noting the absence of past personal harm or threats and the speculative nature of future risks. 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 petitioner’s motion to stay removal is denied. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.