Dominguez Parra v. Blanche
This text of Dominguez Parra v. Blanche (Dominguez Parra v. Blanche) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 14 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
ISIDORO DOMINGUEZ PARRA, No. 21-423 Agency No. Petitioner, A206-547-240 v. MEMORANDUM* TODD BLANCHE, Acting Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals
Submitted July 10, 2026** Portland, Oregon
Before: GRABER, BERZON, and SUNG, Circuit Judges.
Petitioner Isidoro Dominguez Parra, a native and citizen of Mexico, timely
seeks review of a decision by the Board of Immigration Appeals (“BIA”)
dismissing his appeal of an immigration judge’s (“IJ”) denial of relief from
* 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). removal. We review for substantial evidence the agency’s denial of asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
Ani v. Bondi, 155 F.4th 1118, 1126 (9th Cir. 2025). We review de novo whether
the IJ violated due process. Olea-Serefina v. Garland, 34 F.4th 856, 866 (9th Cir.
2022). We deny the petition.
1. Substantial evidence supports the BIA’s determination that “the motive
for the harm [Petitioner] feared was financial gain that was wholly unrelated to any
protected ground.” See Corpeno-Romero v. Garland, 120 F.4th 570, 581 (9th Cir.
2024) (holding that we review for substantial evidence the agency’s determination
of motive). Ample evidence supports the conclusion that financial gain motivated
the perpetrators of each of the incidents experienced by Petitioner’s family
members—a 2003 false report to Petitioner’s mother that Petitioner had been
kidnapped, the killing of his nephew during an attempted kidnapping in
approximately 2011, and a 2017 extortion demand to Petitioner’s brother. The
record does not compel the conclusion that the unknown perpetrators of these
disparate events were motivated also by a connection to Petitioner’s family.
2. Substantial evidence supports the agency’s denial of CAT relief. Other
than the killing of Petitioner’s nephew in 2011, the record contains no evidence of
physical harm to Petitioner’s family members, several of whom have lived in
Mexico for many years. Petitioner presented evidence regarding organized crime
2 21-423 and violence in Mexico. But “[g]eneralized evidence of violence and crime is
insufficient to establish a likelihood of torture” for the purpose of establishing
eligibility for CAT protection. Park v. Garland, 72 F.4th 965, 980 (9th Cir. 2023).
The record does not compel the conclusion that Petitioner is likely to be tortured
upon return to Mexico.
3. The IJ did not violate Petitioner’s right to due process by failing to
inquire specifically about any fear of harm due to Petitioner’s multiple sclerosis.
The IJ asked Petitioner an open-ended question about what would happen to him in
Mexico; inquired about any medications that Petitioner takes; asked specifically
about his treatment for multiple sclerosis; and then asked several more open-ended
questions about Petitioner’s fear of harm. We conclude that the IJ’s colloquy,
which repeatedly offered Petitioner an opportunity to express a fear of harm due to
his medical condition, met the requirements of due process. The proceeding was
not “so fundamentally unfair that [Petitioner] was prevented from reasonably
presenting [his] case.” Olea-Serefina, 34 F.4th at 866 (quoting Lacsina Pangilinan
v. Holder, 568 F.3d 708, 709 (9th Cir. 2009)); see Hussain v. Rosen, 985 F.3d 634,
643–45 (9th Cir. 2021) (holding that the IJ met the requirements of due process by
asking open-ended questions that offered the pro se petitioner opportunities to
develop his testimony).
PETITION DENIED.
3 21-423
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