Miranda-Barrientos v. Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 28, 2026
Docket25-2038
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 28 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
VILMA MIRANDA-BARRIENTOS; No. 25-2038
DARWIN ESTIVEN HENRIQUEZ- Agency Nos.
MIRANDA, A209-988-910
A209-988-911
Petitioners,
v. MEMORANDUM*
TODD BLANCHE, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 26, 2026**
Seattle, Washington
Before: M. SMITH, CHRISTEN, and MILLER, Circuit Judges.
Petitioners Vilma Miranda-Barrientos (Miranda) and Darwin Estiven
Henriquez-Miranda, both natives and citizens of El Salvador, petition for review of
a decision of the Board of Immigration Appeals upholding an immigration judge’s
*
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).
denial of their applications for asylum, withholding of removal, and protection
under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C.
§ 1252, and we deny the petition.
We review the agency’s legal conclusions de novo. Macedo Templos v.
Wilkinson, 987 F.3d 877, 879 (9th Cir. 2021). We review the agency’s findings of
fact for substantial evidence. Flores Molina v. Garland, 37 F.4th 626, 632 (9th Cir.
2022). Under that standard, “findings are ‘conclusive unless any reasonable
adjudicator would be compelled to conclude to the contrary.’” Id. (quoting 8
U.S.C. § 1252(b)(4)(B)).
1. Both asylum and withholding of removal require an applicant to show that
her past persecution, or feared future persecution, bears a nexus to a protected
ground. Garcia v. Wilkinson, 988 F.3d 1136, 1143, 1146–47 (9th Cir. 2021). For
asylum, a protected ground must be “one central reason,” and for withholding of
removal, “a reason,” for the persecution. Barajas-Romero v. Lynch, 846 F.3d 351,
358 (9th Cir. 2017) (emphasis omitted) (quoting 8 U.S.C. §§ 1158(b)(1)(B)(i),
1231(b)(3)(C)).
Substantial evidence supports the agency’s finding that the gang members
who threatened petitioners were motivated purely by criminality, not by Miranda’s
membership in either of her proposed particular social groups. Miranda testified
that she was “not sure as to why” the gang members started extorting her, but that
2 25-2038
gang members often target business owners, and that they threaten “pretty much
everybody in El Salvador for money.” Nothing in the record compels the
conclusion that the gang members had any other motive. The failure to establish
nexus is dispositive of petitioners’ claims for asylum and withholding of removal,
so we need not address whether the harm they suffered in El Salvador rose to the
level of persecution. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010);
INS v. Bagamasbad, 429 U.S. 24, 25–26 (1976) (per curiam).
2. Petitioners did not address CAT relief in their opening brief and have
therefore forfeited any challenge to the agency’s determination that they are not
eligible for such relief. See Hernandez v. Garland, 47 F.4th 908, 916 (9th Cir.
2022).
PETITION DENIED.
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