Perez-Isidro v. Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 26, 2026
Docket25-5337
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 26 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANA HERMELINDA PEREZ-ISIDRO; T. No. 25-5337
E. R.-P.; R. A. R.-P., Agency Nos.
A212-977-445
Petitioners, A212-977-446
A212-977-447
v.
TODD BLANCHE, Acting Attorney MEMORANDUM*
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 22, 2026**
Pasadena, California
Before: BUMATAY, VANDYKE, and MENDOZA, Circuit Judges.
Petitioners, Ana Hermelinda Perez-Isidro (“Perez”) and her two minor
children (“T.E.R.P.” and “R.A.R.P.”),1 natives and citizens of El Salvador, petition
for review of the BIA’s dismissal of their appeal from the decision of an Immigration
*
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).
1
Perez’s children apply for asylum as derivative beneficiaries of her claim.
Judge (“IJ”) denying their asylum claim. We have jurisdiction under 8 U.S.C.
§ 1252, and we deny the petition.
We review the agency’s factual findings for substantial evidence and
questions of law de novo. Guerra v. Barr, 974 F.3d 909, 911 (9th Cir. 2020). Under
this standard, administrative findings of fact are conclusive except in the narrowest
of circumstances—if the record compels a different conclusion. Tzompantzi-Salazar
v. Garland, 32 F.4th 696, 703 (9th Cir. 2022).
1. The record does not compel the conclusion that the Salvadoran government
was unwilling or unable to control Perez’s feared persecutors. In reaching that
conclusion, the agency considered Perez’s interaction with the police, who took her
report and told her they could help, as well as the objective country-conditions
evidence reflecting the Salvadoran government’s efforts to combat gang violence.
See Hussain v. Rosen, 985 F.3d 634, 648 (9th Cir. 2021). This evidence provides
substantial support for the agency’s determination that Perez failed to establish that
the government was unable or unwilling to protect her. See Nahrvani v. Gonzales,
399 F.3d 1148, 1154 (9th Cir. 2005).
2. Because substantial evidence supports the agency’s conclusion that Perez did
not establish any nexus between her past harm and proposed PSG, she fails to
establish past persecution for both asylum and withholding. Perez did not have any
interactions with the gang members until they began extorting her for money and
2
goods at her stores, and the record shows her interactions with them revolved around
extortion. Perez testified that the gang members’ motivation during her final
interaction—during which they mentioned that others wanted her dead, said they
knew her husband was located in the United States, and threatened to kill her and
her children if she did not pay them $3,000—was financial. In light of the admitted
monetary motive and history of pecuniary extortion, the cursory mention of her
husband’s presence in the United States as the reason the gang thought she “had
money” is not enough to compel the conclusion that the gang members targeted her
because of her husband’s previous refusal to cooperate with gang members.2
PETITION DENIED.3
2
Perez failed to raise an argument regarding CAT before this court, thereby
forfeiting any challenge to the agency’s CAT determination. See Velasquez-Gaspar
v. Barr, 976 F.3d 1062, 1065 (9th Cir. 2020).
3
The Motion to Stay Removal and Supplemental Motion to Stay Removal are
denied.
3