Case Summary
**Case Summary: Oscar Pacas-Renderos v. Jefferson B. Sessions III**
**Docket Number:** 06-0403
**Court:** U.S. Court of Appeals for the Ninth Circuit
**Date:** The case was decided on September 24, 2018.
**Background:** Oscar Pacas-Renderos, a native and citizen of Guatemala, sought review of the Board of Immigration Appeals (BIA) decision which denied his application for withholding of removal under the Immigration and Nationality Act (INA). Pacas-Renderos claimed that if returned to Guatemala, he would face persecution due to his association with a political organization opposed to the Guatemalan government.
**Legal Issues:**
1. Whether Pacas-Renderos established eligibility for withholding of removal by demonstrating that he faced a likelihood of persecution based on his political opinion.
2. Whether the BIA’s decision to deny relief was supported by substantial evidence.
**Court’s Analysis:**
- The U.S. Court of Appeals reviewed the BIA's decision for legal errors and substantial evidence supporting the factual findings.
- The court evaluated Pacas-Renderos’ claims of political persecution, considering country reports, expert testimony, and personal anecdotes presented during his hearings.
- The court found that although Pacas-Renderos had a well-founded fear of persecution due to his political beliefs, he failed to provide sufficient evidence that the Guatemalan government was involved in the threats he faced or that it would be unwilling or unable to control persecutors.
- The BIA's determination that the threats he faced were not sufficient to warrant protection under the withholding of removal standard was upheld.
**Conclusion:** The Ninth Circuit affirmed the BIA's decision, concluding that Pacas-Renderos did not meet the burden of proof for withholding of removal. His claims were considered insufficient given the evidence presented regarding the political situation in Guatemala and the nature of the threats he faced.
**Significance:** This case highlights the challenges faced by individuals in securing asylum and withholding of removal based on political persecution claims, particularly regarding the burden of proof required to establish a credible fear of persecution and the necessity of demonstrating governmental involvement or complicity in the alleged threats.