Rodriguez Lopez v. Bondi

CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 25, 2025
Docket22-1248
StatusUnpublished

This text of Rodriguez Lopez v. Bondi (Rodriguez Lopez v. Bondi) 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.

Bluebook
Rodriguez Lopez v. Bondi, (9th Cir. 2025).

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 25 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

ABEL RODRIGUEZ LOPEZ, No. 22-1248 Agency No. Petitioner, A089-751-112 v. MEMORANDUM* PAMELA BONDI, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted November 20, 2025** Pasadena, California

Before: BYBEE, LEE, and DE ALBA, Circuit Judges.

Petitioner Abel Rodriguez Lopez, a native and citizen of Mexico, seeks review

of a decision from the Board of Immigration appeals (BIA) dismissing his appeal of

the Immigration Judge’s (IJ) denial of his applications for cancellation of removal,

asylum, withholding of removal, and protection under the Convention Against

* 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). Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252. We deny the petition

for review.

“Where, as here, the BIA cites [Matter of Burbano, 20 I. & N. Dec. 872, 874

(BIA 1994)] and also provides its own review of the evidence and law, we review

both the IJ’s and the BIA’s decisions.” Smith v. Garland, 103 F.4th 663, 666 (9th

Cir. 2024) (quoting Ali v. Holder, 637 F.3d 1025, 1028 (9th Cir. 2011)). In doing

so, we review the agency’s factual determinations for “substantial evidence” and

legal questions “de novo.” Cordoba v. Holder, 726 F.3d 1106, 1113 (9th Cir. 2013);

Gonzalez-Juarez v. Bondi, 137 F.4th 996, 1002 (9th Cir. 2025). We also review de

novo due process violations. Larita-Martinez v. I.N.S., 220 F.3d 1092, 1095 (9th

Cir. 2000).

1. Substantial evidence supports the BIA’s determination that Rodriguez

Lopez failed to establish that his removal would result in exceptional and extremely

unusual hardship to his U.S. citizen daughter. 1 An applicant may qualify for

cancellation of removal if he can show that his removal will result in “exceptional

and extremely unusual hardship” to a United States citizen or lawful permanent

resident spouse, parent, or child. Gonzalez-Juarez, 137 F.4th at 999.

1 The government initially argued that this court lacks jurisdiction to review the BIA’s hardship determination, but withdrew the argument after the U.S. Supreme Court’s decision in Wilkinson v. Garland. See 601 U.S. 209, 212, 225 & n.4 (2024) (concluding this court has jurisdiction to review the BIA’s hardship determination as a mixed question of law and fact under 8 U.S.C. § 1252(a)(2)(D)).

2 22-1248 Here, we find no merit to Rodriguez Lopez’s argument that the IJ

“disregarded” documents or testimony about his ability to support his U.S. citizen

daughter from Mexico or that the IJ “failed to lend sufficient weight to the evidence.”

The IJ expressly considered that Rodriguez Lopez’s removal “would exact a

significant financial impact” given the “economic conditions in Mexico.” It

acknowledged that although Rodriguez Lopez would probably be able to “find

employment” in Mexico, “[a]uthorative background information” shows it “can be

difficult to earn a living wage” and his “income would be significantly reduced.” It

also noted that his removal could result in a “protracted separation” from his

daughter and noted the “emotional impact” this would have. These are “sadly

common hardships that can result when an alien parent is removed” and do not

compel a finding of exceptional and extremely unusual hardship. See Cabrera-

Alvarez v. Gonzales, 423 F.3d 1006, 1013 (9th Cir. 2005).

We also find no merit to Rodriguez Lopez’s argument that the agency

disregarded evidence that “his daughter could not safely accompany him” to Mexico.

The IJ acknowledged the possibility that Rodriguez Lopez’s wife might at some

future date “be required to return to Mexico” and speculated that under such

circumstances Rodriguez Lopez’s daughter might also “be forced to relocate there

as well.” But Rodriguez Lopez testified that he expected his then-15-year-old

daughter would remain in the United States with his wife if he were removed, a

3 22-1248 position he appears to maintain on appeal. The record shows that the IJ “discussed

all evidence that was highly probative or potentially dispositive” within the context

of Rodriguez Lopez’s representation that his daughter would remain in the United

States. Gonzalez-Juarez, 137 F.4th at 1008. For this reason, Rodriguez Lopez’s

cursory due process argument also fails. See Larita-Martinez, 220 F.3d at 1095

(noting a due process violation may exist when the agency fails to consider certain

evidence).

2. Substantial evidence supports the agency’s denial of asylum and

withholding or removal. To qualify for asylum or withholding of removal, an

applicant must demonstrate past persecution or a well-founded fear of future

persecution on account of a protected ground. See 8 C.F.R. § 1208.13(b); Zehatye

v. Gonzales, 453 F.3d 1182, 1185, 1190 (9th Cir. 2006) (comparing standards for

asylum and withholding of removal).

Here, substantial evidence supports the agency’s conclusion that the robbery

Rodriguez Lopez experienced in Mexico in 1994, in which assailants “took [his]

money” and “scratched [him] a little bit,” does not rise to the level of past

persecution. See Duran-Rodriguez v. Barr, 918 F.3d 1025, 1028 (9th Cir. 2019)

(“Persecution is an extreme concept that does not include every sort of treatment our

society regards as offensive.” (citation and internal quotation marks omitted)).

Substantial evidence also supports the BIA’s conclusion that Rodriguez Lopez

4 22-1248 is not eligible for asylum or withholding of removal because he failed to establish a

“nexus” between the harm he suffered or fears of future persecution and a protected

ground. See Barajas-Romero v. Lynch, 846 F.3d 351, 360 (9th Cir. 2017). In

addition to testifying about the time he was robbed, Rodriguez Lopez testified that

his cousin was assaulted in 2010 by assailants who were trying to “show who was

the strongest or biggest,” and that an uncle was forced to close a taco stand he ran

due to extortion. He also testified that a friend visiting Mexico from the United

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BURBANO
20 I. & N. Dec. 872 (Board of Immigration Appeals, 1994)
Smith v. Garland
103 F.4th 663 (Ninth Circuit, 2024)
Gonzalez-Juarez v. Bondi
137 F.4th 996 (Ninth Circuit, 2025)

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