Loredo Rangel v. Garland, No. 23-60089 (5th Cir. 2024)
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Sonia Rangel and her two minor children, Luisa and Mary Loredo, citizens of Mexico who entered the United States illegally, sought asylum, withholding of removal, and relief under the Convention Against Torture (CAT). They claimed they should be protected from removal due to their belief that the Mexican Navy would persecute and torture them to dissuade Rangel from her campaign against the Mexican military for the disappearance of her son. The Immigration Judge (I.J.) denied their applications, finding they had not established past persecution or a well-founded fear of future persecution, and were not eligible for CAT relief due to failure to establish the requisite likelihood of future torture. The Board of Immigration Appeals (BIA) affirmed this decision.
The United States Court of Appeals for the Fifth Circuit reviewed the BIA's factual findings under the substantial evidence standard and its legal conclusions de novo. The court found that the evidence did not compel a conclusion that the petitioners had suffered past persecution or had a well-founded fear of future persecution. The court also found that the petitioners had not met the higher bar of showing it was more likely than not they would be tortured upon return to Mexico, which is required for CAT relief. Therefore, the court denied the petition for review, upholding the BIA's decision to deny the applications for asylum, withholding of removal, and CAT relief.
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