Lezama Arce, I v. Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 30, 2026
Docket25-6094
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 30 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MAURICIO ALEXANDER LEZAMA No. 25-6094
ARCE I; MARY LUZ TORREZ I; G. A. L. Agency Nos.
T. I; L. S. L. T. I; K. S. L. T. I, A220-598-903
A216-637-687
Petitioners,
A216-637-688
A216-637-689
v. A216-637-690
TODD BLANCHE, Attorney General,
MEMORANDUM*
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 28, 2026**
Pasadena, California
Before: WARDLAW, R. NELSON, and H.A. THOMAS, Circuit Judges
.
Petitioners, a family of five natives and citizens of Nicaragua, petition for
review of a Board of Immigration Appeals (“BIA”) decision dismissing their appeal
from an Immigration Judge’s (“IJ”) order denying their applications for asylum,
*
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).
withholding of removal, and protection under the Convention Against Torture
(“CAT”). Reviewing the BIA’s legal conclusions de novo and factual findings for
substantial evidence, Abebe v. Gonzales, 432 F.3d 1037, 1039–40 (9th Cir. 2005)
(en banc), we deny the petition for review.
Substantial evidence supports the IJ’s determination, affirmed by the BIA,
that Petitioners failed to show either past persecution or a well-founded fear of future
persecution, thus making them ineligible for asylum. See 8 U.S.C.
§ 1158(b)(1)(B)(i); Hussain v. Rosen, 985 F.3d 634, 645–46 (9th Cir. 2021). As
Petitioners had conceded to the IJ that they had not faced previous persecution, the
BIA properly focused its analysis on Petitioners’ arguments supporting their claim
that they have a well-founded fear of future persecution.
As to Petitioners’ alleged claims of a fear of future persecution, the BIA
affirmed the IJ’s findings that Petitioners (1) were not previously physically harmed,
(2) faced the mere prospect of a lost opportunity to buy land, (3) provided
insufficient evidence that the Nicaraguan government remained interested in
targeting them, and (4) had several family members who remained unharmed in the
country. These adopted findings constitute substantial evidence that Petitioners do
not possess a well-founded fear of future persecution. See Sharma v. Garland, 9
F.4th 1052, 1061 (9th Cir. 2021) (“We have repeatedly denied petitions for review
when, among other factors, the record did not demonstrate significant physical
2 25-6094
harm.”); Gu v. Gonzales, 454 F.3d 1014, 1022 (9th Cir. 2006) (petitioner failed to
demonstrate an objective well-founded fear of persecution because he did not
present any evidence of further issues with the government); Tamang v. Holder, 598
F.3d 1083, 1094–95 (9th Cir. 2010) (no objective fear of future persecution when
similarly situated family members remained unharmed in home country). Though
Petitioners argue that they are likely to suffer economic deprivation upon their return
to Nicaragua, the BIA permissibly found that evidence relating to the loss of the land
sale fell short of persecution when assessed together with the record. See Hussain,
985 F.3d at 647 (“Mere economic disadvantage alone does not rise to the level of
persecution.” (cleaned up)).
Because Petitioners do not meet the standard for asylum, the BIA was correct
in finding that they do not meet the more stringent standards of clear probability for
withholding of removal and likelihood of future torture under CAT. See Mansour
v. Ashcroft, 390 F.3d 667, 673 (9th Cir. 2004); Sharma, 9 F.4th at 1066–67.
PETITION DENIED.1
1
Petitioners’ motion to stay removal, Dkt. No. 8, is denied. The temporary stay of
removal is lifted.
3 25-6094