Vidal Da Silva v. Bondi

CourtCourt of Appeals for the Ninth Circuit
DecidedMarch 4, 2026
Docket25-2492
StatusUnpublished

This text of Vidal Da Silva v. Bondi (Vidal Da Silva 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
Vidal Da Silva v. Bondi, (9th Cir. 2026).

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 4 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

WEVERTON RONAN VIDAL DA SILVA; No. 25-2492 L. K. A. V.; L. S. A. V.; LARISSA DA SILVA ARAUJO, Agency Nos. A245-392-218 Petitioners, A245-392-221 A245-392-224 v. A245-392-226

PAMELA BONDI, Attorney General,

Respondent. MEMORANDUM*

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

Submitted March 2, 2026** San Francisco, California

Before: S.R. THOMAS and GOULD, Circuit Judges, and MORRIS, Chief District Judge.***

Weverton Ronan Vidal Da Silva, collectively with his wife and minor

* 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). *** The Honorable Brian Morris, United States Chief District Judge for the District of Montana, sitting by designation. 1 children, natives and citizens of Brazil, petition for review of a decision of the

Board of Immigration Appeals (“BIA”) dismissing Vidal Da Silva’s appeal of an

order by an Immigration Judge (“IJ”) denying asylum and withholding of

removal.1

The BIA affirmed the IJ’s findings, agreeing that Vidal Da Silva’s testimony

and statements were not credible. The BIA noted that the record lacked

corroborating evidence of Vidal Da Silva’s claims. The BIA further concluded that

Vidal Da Silva failed to qualify for asylum or withholding of removal because

Vidal Da Silva failed to establish a nexus between his feared harm and a protected

ground and that the Brazilian government was unable or unwilling to protect him.

The BIA particularly noted that the person of whom Vidal Da Silva feared had

been arrested, charged, and convicted for killing Vidal Da Silva’s brother.

Vidal Da Silva petitions for review of the BIA’s decision. Vidal Da Silva

argues that substantial evidence does not support the BIA’s denial of his

applications for asylum and withholding of removal. We have jurisdiction under 8

U.S.C. § 1252(a)(1) and deny the petition for review. Because the parties are

familiar with the history of the case, we need not recount anything additional here.

1 The Immigration Judge determined that Vidal Da Silva was not eligible for protection under the Convention Against Torture. Petitioner has not challenged that determination on appeal to the BIA nor on petition to this Court. 2 We apply the highly deferential “substantial evidence” standard to the

agency’s findings of fact. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir.

2014). The agency’s findings of fact are considered “conclusive unless any

reasonable adjudicator would be compelled to conclude to the contrary.”

8 U.S.C. § 1252(b)(4)(B). When “the BIA issues its own decision but relies in part

on the [IJ’s] reasoning, we review both decisions.” Tzompantzi-Salazar v. Garland,

32 F.4th 696, 702 (9th Cir. 2022) (quoting Flores-Lopez v. Holder, 685 F.3d 857,

861 (9th Cir. 2012)).

1. To establish eligibility for asylum and withholding of removal, Vidal Da

Silva must show a nexus between past or feared future persecution and a statutorily

protected ground of race, religion, nationality, membership in a particular social

group, or political opinion. 8 U.S.C. §§ 1101(a)(42)(A), 1158(b)(1)(B)(i),

1231(b)(3)(A); Melkonian v. Ashcroft, 320 F.3d 1061, 1064 (9th Cir. 2003). The

nexus requirement for eligibility of asylum and withholding of removal requires

Vidal Da Silva to establish that his protected ground was or would be “a reason”

for the harm. Barajas-Romero v. Lynch, 846 F. 3d 351, 360 (9th Cir. 2017).

Although Petitioner argued he was targeted on account of his political

opinion or status as a member of a particular social group, substantial evidence

supports the BIA’s decision that Vidal Da Silva failed to establish that a nexus

existed between any past or future harm and his proposed particular social groups

3 of “relatives of Welberth Rodrigo,” and “individuals who were

informant/witnesses with the authorities in the investigation and arrest of a member

of the Red Command.” Vidal Da Silva testified that he left Brazil out of tiredness

from the retaliation that he faced for allegedly supporting the investigation of his

brother’s murder. Vidal Da Silva declared that the men who stole his motorcycle

warned him about future retaliation from the criminal group Comando Vermelho.

Vidal Da Silva similarly declared that he faced constant threats to his life as

reprisal for his involvement in apprehending his brother’s murderer. Id.

Furthermore, Vidal Da Silva never testified to a political opinion of which the

Comando Vermelho targeted him for maintaining. The record fails to support the

conclusion that Vidal Da Silva was targeted “on the account of” his membership in

a proposed particular social group or that his membership was “a reason” for the

harm he experienced. Barajas-Romero, 846 F. 3d at 360. Asylum and withholding

of removal remain unavailable for claims involving personal retribution or

animosity. See Madrigal v. Holder, 716 F.3d 499, 506 (9th Cir. 2013)

(“[M]istreatment motivated purely by personal retribution will not give rise to a

valid asylum claim.”).

The record supports the conclusion that the Comando Vermelho targeted

Vidal Da Silva out of retaliation for his alleged participation in identifying his

brother’s murderer. Vidal Da Silva fails to meet his burden to establish eligibility

4 either for asylum or withholding of removal because the record demonstrates that

the Comando Vermelho member’s “death threats are grounded only in personal

animosity” against Vidal Da Silva. Zayas-Marini v. INS, 785 F.2d 801, 806 (9th

Cir. 1986). This conclusion is dispositive to Vidal Da Silva’s claims for asylum

and withholding of removal. See Umana-Escobar v. Garland, 69 F.4th 544, 551

(9th Cir. 2023) (as amended) (“A nexus between the harm and a protected ground

is a necessary element of asylum and withholding of removal.”).

2. Substantial evidence further supports the BIA’s decision that Vidal Da

Silva failed to show that the Brazilian government was unable or unwilling to

protect him from the person who murdered his brother. Vidal Da Silva has the

burden of establishing that his alleged “persecution was [or would be] committed. .

. by forces that the government was unable or unwilling to control.” Bringas-

Rodriguez v.

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