NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 26 2026
FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
CESAR AUGUSTO ALMARIO; MARIA No. 25-4226 YANET PERDOMO LOMELIN; J. D. A. P.; S. D. A. P., Agency Nos. A245-093-300 A245-093-301 A245-093-302 Petitioners, A245-093-304 v. MEMORANDUM* TODD BLANCHE, Acting Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 19, 2026** San Francisco, California
Before: COLLINS, JOHNSTONE, and DE ALBA, Circuit Judges.
Petitioners Cesar Augusto Almario, his wife Maria Yanet Perdomo Lomelin,
and their two minor children, all citizens of Colombia, petition for review of a
decision of the Board of Immigration Appeals (“BIA”) upholding an order of an
Immigration Judge (“IJ”) denying Almario’s application for asylum, withholding
of removal, and relief under the Convention Against Torture (“Torture
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes that this case is suitable for decision without oral argument. See FED. R. APP. P. 34(a)(2)(C). Convention”).1 We have jurisdiction under § 242(a) of the Immigration and
Nationality Act (“INA”), 8 U.S.C. § 1252(a). We review the agency’s legal
conclusions de novo and “both [its] underlying factual findings and [its]
application of the INA to those findings” for substantial evidence. Urias-Orellana
v. Bondi, 607 U.S. 537, 545 (2026); see also Davila v. Barr, 968 F.3d 1136, 1141
(9th Cir. 2020). Under the latter standard, the agency’s determinations “are
conclusive unless any reasonable adjudicator would be compelled to conclude to
the contrary.” 8 U.S.C. § 1252(b)(4)(B). “Where, as here, the BIA adopts the
decision of the IJ and affirms without opinion, we review the decision of the IJ as
the final agency determination under the substantial evidence standard.”
Smolniakova v. Gonzales, 422 F.3d 1037, 1044 (9th Cir. 2005). We deny the
petition.
1. To establish eligibility for asylum or withholding of removal, an
applicant must show a “nexus” between past or feared future harm and “a protected
ground,” Umana-Escobar v. Garland, 69 F.4th 544, 551 (9th Cir. 2023), and
“membership in a particular social group” is one such protected ground, 8 U.S.C.
§ 1101(a)(42)(A); see also id. § 1231(b)(3)(A). A qualifying particular social
1 Almario’s wife and two children did not file separate applications for relief, but were listed as riders only for purposes of Almario’s asylum application. See Ali v. Ashcroft, 394 F.3d 780, 782 n.1 (9th Cir. 2005) (stating that, unlike asylum, withholding of removal and relief under the Torture Convention “may not be derivative”).
2 group must be, inter alia, “socially distinct within the society in question.”
Andrade v. Garland, 94 F.4th 904, 910 (9th Cir. 2024) (citation omitted).
Almario’s alleged past persecution and feared future persecution both arise
out of a series of incidents in which the Revolutionary Armed Forces of Colombia
(“FARC”), a rebel militia, threatened him and his family. Almario alleges that
FARC members threatened to kill him and his family, and to kidnap his then-15-
year-old son and coercively enlist him into the FARC’s ranks, if Almario and his
family remained in their hometown of Saladoblanco, Colombia. After being
threatened, they fled Saladoblanco for Bogotá, where they allege FARC members
continued to pursue them. Based on these contentions, Almario sought relief based
on membership in the particular social group of “fathers” of “children between the
ages of 12 and 17.”
Substantial evidence supports the IJ’s determination that Almario’s proposed
particular social group is insufficiently socially distinct. See Conde Quevedo v.
Barr, 947 F.3d 1238, 1242 (9th Cir. 2020) (“The BIA’s conclusion regarding
social distinction—whether there is evidence that a specific society recognizes a
social group—is a question of fact that we review for substantial evidence.”).
“Social distinction refers to whether the people of a given society would perceive a
proposed group as sufficiently separate or distinct,” and is based on “general social
perception.” Diaz-Torres v. Barr, 963 F.3d 976, 980 (9th Cir. 2020) (simplified).
3 The IJ reasonably concluded that Almario had adduced insufficient evidence that
Colombian society recognizes fathers of “children between the ages of 12 and 17
as a distinct group.” In his briefing in this court, Almario does not point to any
particular evidence of social distinction that the IJ overlooked and instead argues
that the IJ’s determination was conclusory and amounts to legal error. But the IJ’s
conclusion—that “the record does not establish that [fathers of children ages 12 to
17] are recognized as socially distinct”—was appropriate given the dearth of
evidence demonstrating that requisite social distinction. See Cruz v. Bondi, 146
F.4th 730, 739 (9th Cir. 2025) (holding that the agency is presumed to have
considered all relevant evidence); see also Vilchez v. Holder, 682 F.3d 1195, 1201
(9th Cir. 2012) (“An IJ does not have to write an exegesis on every contention.”
(simplified)).
Because substantial evidence supports the IJ’s determination that Almario’s
proposed social group is insufficiently socially distinct, the agency properly
rejected Petitioners’ asylum claims, and Almario’s individual withholding claim,
based on his membership in this group.
2. Almario also asserts asylum and withholding claims based on his
purportedly imputed political opinion, arguing that he was persecuted because of
his “repeated defiance of the FARC[’s] demands.” But substantial evidence
supports the agency’s conclusion that Almario’s resistance to the FARC’s attempts
4 to enlist his son was “a mere refusal to comply with a criminal’s demand,” and did
not reflect that a political opinion had been attributed to him. See Vasquez-
Rodriguez v. Garland, 7 F.4th 888, 893 (9th Cir. 2021) (“[A] persecutor’s actual
motive is a matter of fact we review for substantial evidence.” (simplified)).
“[M]ost people who resist criminal activity directed towards them do so for
obvious non-political self-interested reasons—they don’t want to be the victim of a
crime.” Rodriguez-Zuniga v. Garland, 69 F.4th 1012, 1017 (9th Cir. 2023); see
also INS v.
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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 26 2026
FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
CESAR AUGUSTO ALMARIO; MARIA No. 25-4226 YANET PERDOMO LOMELIN; J. D. A. P.; S. D. A. P., Agency Nos. A245-093-300 A245-093-301 A245-093-302 Petitioners, A245-093-304 v. MEMORANDUM* TODD BLANCHE, Acting Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 19, 2026** San Francisco, California
Before: COLLINS, JOHNSTONE, and DE ALBA, Circuit Judges.
Petitioners Cesar Augusto Almario, his wife Maria Yanet Perdomo Lomelin,
and their two minor children, all citizens of Colombia, petition for review of a
decision of the Board of Immigration Appeals (“BIA”) upholding an order of an
Immigration Judge (“IJ”) denying Almario’s application for asylum, withholding
of removal, and relief under the Convention Against Torture (“Torture
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes that this case is suitable for decision without oral argument. See FED. R. APP. P. 34(a)(2)(C). Convention”).1 We have jurisdiction under § 242(a) of the Immigration and
Nationality Act (“INA”), 8 U.S.C. § 1252(a). We review the agency’s legal
conclusions de novo and “both [its] underlying factual findings and [its]
application of the INA to those findings” for substantial evidence. Urias-Orellana
v. Bondi, 607 U.S. 537, 545 (2026); see also Davila v. Barr, 968 F.3d 1136, 1141
(9th Cir. 2020). Under the latter standard, the agency’s determinations “are
conclusive unless any reasonable adjudicator would be compelled to conclude to
the contrary.” 8 U.S.C. § 1252(b)(4)(B). “Where, as here, the BIA adopts the
decision of the IJ and affirms without opinion, we review the decision of the IJ as
the final agency determination under the substantial evidence standard.”
Smolniakova v. Gonzales, 422 F.3d 1037, 1044 (9th Cir. 2005). We deny the
petition.
1. To establish eligibility for asylum or withholding of removal, an
applicant must show a “nexus” between past or feared future harm and “a protected
ground,” Umana-Escobar v. Garland, 69 F.4th 544, 551 (9th Cir. 2023), and
“membership in a particular social group” is one such protected ground, 8 U.S.C.
§ 1101(a)(42)(A); see also id. § 1231(b)(3)(A). A qualifying particular social
1 Almario’s wife and two children did not file separate applications for relief, but were listed as riders only for purposes of Almario’s asylum application. See Ali v. Ashcroft, 394 F.3d 780, 782 n.1 (9th Cir. 2005) (stating that, unlike asylum, withholding of removal and relief under the Torture Convention “may not be derivative”).
2 group must be, inter alia, “socially distinct within the society in question.”
Andrade v. Garland, 94 F.4th 904, 910 (9th Cir. 2024) (citation omitted).
Almario’s alleged past persecution and feared future persecution both arise
out of a series of incidents in which the Revolutionary Armed Forces of Colombia
(“FARC”), a rebel militia, threatened him and his family. Almario alleges that
FARC members threatened to kill him and his family, and to kidnap his then-15-
year-old son and coercively enlist him into the FARC’s ranks, if Almario and his
family remained in their hometown of Saladoblanco, Colombia. After being
threatened, they fled Saladoblanco for Bogotá, where they allege FARC members
continued to pursue them. Based on these contentions, Almario sought relief based
on membership in the particular social group of “fathers” of “children between the
ages of 12 and 17.”
Substantial evidence supports the IJ’s determination that Almario’s proposed
particular social group is insufficiently socially distinct. See Conde Quevedo v.
Barr, 947 F.3d 1238, 1242 (9th Cir. 2020) (“The BIA’s conclusion regarding
social distinction—whether there is evidence that a specific society recognizes a
social group—is a question of fact that we review for substantial evidence.”).
“Social distinction refers to whether the people of a given society would perceive a
proposed group as sufficiently separate or distinct,” and is based on “general social
perception.” Diaz-Torres v. Barr, 963 F.3d 976, 980 (9th Cir. 2020) (simplified).
3 The IJ reasonably concluded that Almario had adduced insufficient evidence that
Colombian society recognizes fathers of “children between the ages of 12 and 17
as a distinct group.” In his briefing in this court, Almario does not point to any
particular evidence of social distinction that the IJ overlooked and instead argues
that the IJ’s determination was conclusory and amounts to legal error. But the IJ’s
conclusion—that “the record does not establish that [fathers of children ages 12 to
17] are recognized as socially distinct”—was appropriate given the dearth of
evidence demonstrating that requisite social distinction. See Cruz v. Bondi, 146
F.4th 730, 739 (9th Cir. 2025) (holding that the agency is presumed to have
considered all relevant evidence); see also Vilchez v. Holder, 682 F.3d 1195, 1201
(9th Cir. 2012) (“An IJ does not have to write an exegesis on every contention.”
(simplified)).
Because substantial evidence supports the IJ’s determination that Almario’s
proposed social group is insufficiently socially distinct, the agency properly
rejected Petitioners’ asylum claims, and Almario’s individual withholding claim,
based on his membership in this group.
2. Almario also asserts asylum and withholding claims based on his
purportedly imputed political opinion, arguing that he was persecuted because of
his “repeated defiance of the FARC[’s] demands.” But substantial evidence
supports the agency’s conclusion that Almario’s resistance to the FARC’s attempts
4 to enlist his son was “a mere refusal to comply with a criminal’s demand,” and did
not reflect that a political opinion had been attributed to him. See Vasquez-
Rodriguez v. Garland, 7 F.4th 888, 893 (9th Cir. 2021) (“[A] persecutor’s actual
motive is a matter of fact we review for substantial evidence.” (simplified)).
“[M]ost people who resist criminal activity directed towards them do so for
obvious non-political self-interested reasons—they don’t want to be the victim of a
crime.” Rodriguez-Zuniga v. Garland, 69 F.4th 1012, 1017 (9th Cir. 2023); see
also INS v. Elias-Zacarias, 502 U.S. 478, 481–82 (1992) (holding that resistance to
a guerilla organization’s recruitment efforts, without more, does not evince “a
political opinion hostile to the [organization]” (citation omitted)). Almario’s
briefing before this court fails to engage with our precedent holding that mere
resistance to criminal activity, without more, is not sufficient to compel a finding
of persecution based on political opinion. The agency therefore properly rejected
Petitioners’ asylum claims, and Almario’s individual withholding claim, based on
Almario’s supposed political opinion.
3. Substantial evidence also supports the agency’s conclusion that Almario
failed to establish his eligibility for relief under the Torture Convention. For such
relief, an applicant must show that “it is more likely than not that he or she would
be tortured if removed to the proposed country,” “[a]nd that torture must be
inflicted by or at the instigation of or with the consent or acquiescence of a public
5 official or other person acting in an official capacity.” Rodriguez-Zuniga, 69 F.4th
at 1023 (simplified). Substantial evidence supports the IJ’s determinations that
Almario had not suffered past torture, was not more likely than not to be tortured if
removed, and had not shown that the Colombian government would consent to or
acquiesce in any future torture. Almario’s briefing does not meaningfully engage
with those determinations or identify any specific evidence the IJ overlooked.
Instead, Almario argues that the IJ’s determinations were so conclusory as to
amount to legal error. To the contrary, the IJ’s ruling adequately explained its
conclusions by reference to the relevant factual findings, including the Colombian
government’s ongoing efforts to control the FARC. See Vilchez, 682 F.3d at 1201;
Cruz, 146 F.4th at 739.
PETITION DENIED.