Opinion

Maria Gonzalez Perez v. Todd W. Blanche

Court
Court of Appeals for the Seventh Circuit
Filed
Sep 8, 2026
Status
Published
On the bench
Rovner
Cited by
0 cases

The opinion

In the

United States Court of Appeals

For the Seventh Circuit

____________________

No. 23-2811

MARIA ANGELICA GONZALEZ PEREZ, et al.,

Petitioners,

v.

TODD W. BLANCHE,

Attorney General of the

United States,

Respondent.

____________________

Petition for Review of an Order of the

Board of Immigration Appeals.

Nos. A206-911-530, A206-911-531, A206-911-532,

A206-911-533, A206-911-534

____________________

ARGUED NOVEMBER 12, 2025 — DECIDED SEPTEMBER 8, 2026

____________________

Before ROVNER, PRYOR, and KOLAR, Circuit Judges.

ROVNER, Circuit Judge. Petitioner Maria Angelica Gonzalez

Perez (“Perez”) and her four children seek review of an order

of the Board of Immigration Appeals affirming and adopting

the adverse decision of the Immigration Judge (“IJ”) denying

their requests for asylum, withholding of removal, and

2 No. 23-2811

protection from removal under the Convention Against Tor-

ture (“C.A.T.”). We deny the petition for review because Pe-

rez failed to exhaust her administrative remedies before the

Board.

I.

Perez and her children are natives and citizens of Mexico.

They lived in Ciudad Hidalgo, Michoacán, until 2014, when

they left Mexico and entered the United States after request-

ing political asylum at the border. (Perez’s husband entered

this country separately, without inspection.) Perez and her

children were placed in removal proceedings, where they

conceded their removability. Perez applied for the above-

noted forms of relief based on her experience with the Cabal-

leros Templarios cartel—the Knights Templar—in 2014. The

IJ conducted a hearing on those applications in November

2018. Perez testified at that hearing.

Perez stated that, in September 2014, she received a phone

call from someone identifying themselves as a member of the

Knights Templar. The caller claimed to know where she and

her children lived and where the children attended school. He

described the children’s school schedule and provided other

details suggesting that the family was being monitored. He

threatened that the children would be kidnapped if she did

not pay the cartel 5,000 pesos per child. He also warned her

not to contact the authorities because that would be worse for

her and her children. Perez said that she hung up the phone

and (temporarily) disconnected it. She did not contact the au-

thorities, because “[i]n my town there is corruption and we all

know about it.” A.R. 128. She explained that the police in Ciu-

dad Hidalgo are known to ignore, if not facilitate, cartel ex-

tortion.

No. 23-2811 3

Two days later, the caller contacted Perez a second time,

again identifying himself as a member of the Knights Templar

cartel and directing her not to hang up the phone. He admon-

ished Perez that he “was not playing around,” and that he

knew the location of her children. A.R. 129. At that point, she

hung up the phone, gathered her children from their schools,

and fled Ciudad Hidalgo with the children and her husband

to a small farmhouse five hours away. After staying at the

farmhouse for a few days and raising funds from friends, the

family emigrated to the United States.

Perez also testified regarding an incident in October 2013

involving her sister, Maria Lidia. Maria Lidia’s family had re-

ceived phone calls from Knights Templar members demand-

ing money, and the family ignored the demands until the car-

tel kidnapped Maria Lidia’s husband and then demanded 3

million pesos as ransom. It was at that point that Maria Lidia

contacted Perez and asked for help. The family was able to

secure the husband’s return after transferring 1 million pesos,

the titles to two vehicles, and the deed to the family’s house

to the cartel.

Like Perez, her sister did not report the kidnapping to the

police because of their reputed corruption. Maria Lidia appar-

ently did contact the military for assistance, but military offi-

cials responded that it was not their responsibility. She and

her family remain in Mexico but periodically relocate in order

to evade the cartel.

Another of Perez’s sisters, Selena, as well as Perez’s father

continue to live in Ciudad Hidalgo and have not been ex-

torted or harmed. Perez has not heard from the Knights Tem-

plar cartel since she left Mexico in 2014. But she does not

4 No. 23-2811

believe that she and her family can return, because “every-

thing in Mexico is the same.” A.R. 137.

Apart from her own testimony, Perez’s application was

supported by her sworn affidavit in addition to one from her

sister Maria Lidia; news articles documenting widespread

criminal activity, including kidnappings, in Mexico along

with corruption and lawlessness among the police in Ciudad

Hidalgo; a report documenting prior police advice not to re-

port cartel extortion; and a 2017 State Department report not-

ing the violence perpetrated by organized criminal groups in

Mexico along with endemic corruption among public offi-

cials.

After hearing the evidence, the IJ found Perez’s testimony

credible but nonetheless denied her relief. With respect to the

asylum claim, the IJ found that:

(1) Perez had not shown that she suffered past persecution

in Mexico. The threats from the Knights Templar, “while in-

timidating, were not credible or immediate,” given that the

cartels never carried through on their threats even after Perez

and her family failed to comply with their demands. A.R. 429.

(2) Even if Perez established past harm, she failed to tie

that harm to a protected ground, including membership in a

particular social group. The social group that Perez identified

was “resident of a town that cannot be protected by the gov-

ernment.” Assuming that was a cognizable social group, Pe-

rez did not connect that group to the alleged harm she suf-

fered. “There is no evidence that the cartel members were con-

cerned with any characteristic other than the respondent’s

perceived ability to ‘fill their coffers.’ Instead, the threats are

No. 23-2811 5

more indicative of extortion and general crime, which are not

bases for asylum.” A.R. 430 (citations omitted).

(3) Perez did not demonstrate that the Mexican govern-

ment is unable or unwilling to protect her from the cartel’s

threats. She never sought out the assistance of the authorities

when contacted by the cartel, and the documentary evidence

she submitted indicated that Mexican authorities are treating

crime seriously and are taking steps to reduce cartel violence.

A.R. 430.

(4) In view of the foregoing findings as to past persecution,

Perez was not entitled to a presumption that she has a well-

founded fear of future persecution in Mexico. Further, she

had not otherwise demonstrated that she harbors such a well-

founded fear: (a) Although she subjectively fears that the

Knights Templar cartel will harm her if she returns to Mexico,

she did not present evidence suggesting how the cartel will

find and harm her. Her father and one sister continue to re-

side in Ciudad Hidalgo safely. (b) The record did not reflect a

pattern or practice of persecution of persons similarly situated

to Perez. “Generalized violence and harsh conditions are not

enough to demonstrate such a pattern or practice.” (c) She did

not demonstrate that she was unable to relocate within Mex-

ico to avoid the harm she fears. She and her family did relo-

cate internally for a brief time after the second threatening

phone call and avoided harm; her sister had successfully re-

located elsewhere in Mexico after her husband was kid-

napped; and the documentary evidence likewise suggested

that internal relocation was possible as a means of evading

the cartel. A.R. 430-31.

6 No. 23-2811

(5) Because Perez did not demonstrate her eligibility for

asylum, she necessarily failed to meet the more stringent cri-

teria for withholding of removal. A.R. 432.

(6) Finally, as to the CAT claim, torture entails “an extreme

form of cruel and inhuman treatment,” and Perez had not

shown she faced a “substantial risk” of such severe mistreat-

ment if she were returned to Mexico. Although her evidence

indicated that violence is widespread throughout Mexico,

“[t]his generalized violence, while concerning, does not

demonstrate that the respondent faces a substantial risk of

torture.” Likewise, with respect to cartel violence in Mexico,

Perez had not shown that the Knights Templar cartel was

more likely than not to learn of her prospective return to Mex-

ico, find her, and torture her, or that the Mexican government

would acquiesce in the cartel’s torture. And, again, she had

not shown why relocation within Mexico would not suffice as

a way to avoid the cartel. AR. 432-33.

Perez appealed the IJ’s adverse decision to the BIA. After

setting forth the facts of her case and the general legal princi-

ples applicable to her claims for relief, she presented her ar-

guments as to the IJ’s denial of asylum and withholding ex-

clusively in the following four numbered paragraphs of her

brief:

17. The government of Mexico could [not] pro-

tect and would not be able to protect Respond-

ents [Perez and her children] if they were forced

to go back to Mexico. This is evident by the

widespread corruption of police officers in

Mexico.

No. 23-2811 7

18. Respondent suffered past persecution and

fears future persecution on account of her mem-

bership in a particular social group.

19. These horrifying events clearly establish that

(1) Respondent suffered past persecution based

on membership in a particular social group,

(2) Respondents have a well-founded fear of fu-

ture persecution based on membership in a par-

ticular social group, (3) it is more likely than not

that Respondents would be persecuted because

of membership in a particular social group, and

(4) that it is more likely than not that Respond-

ents would be tortured if removed to Mexico.

We know this to be true because Respondent’s

brother-in-law was indeed kidnapped after they

failed to pay Caballeros Templarios.

20. The Court, however, determined that the

“threats, while intimidating, were not credible

or immediate, given that the cartels never car-

ried through on their threats even after [Perez]

failed to comply with their demands.” Novem-

ber 7, 2019 Decision (“Decision”) at 4. The car-

tel[‘]s threats were clearly credible and immedi-

ate given that Respondent’s brother-in-law was

kidnapped for one month because they failed to

comply with the cartel’s demands. And Re-

spondents were not harmed or kidnapped be-

cause they fled immediately after receiving the

second threat. Under the Court’s reasoning, Re-

spondents should have waited until after they

were kidnapped or harmed before fleeing. The

8 No. 23-2811

threats cannot be mere harassment when the

same cartel has carried out their threats against

Respondents’ family.

A.R. 23.

The BIA adopted the IJ’s opinion as its own and affirmed

the denial of relief, stating as follows:

We agree with the Immigration Judge, for the

reasons set forth in the [IJ’s] decision, that the

respondent did not prove that her harm rose to

the level of persecution, that her harm was on

account of a protected ground, that the Mexican

government was unable or [unwilling] to pro-

tect her, that her subjective future fear of harm

was objectively reasonable, and that she could

not relocate. We also agree with the Immigra-

tion Judge that she did not prove her entitle-

ment to [relief under] CAT.

A.R. 4 (citations & footnote omitted).

II.

In order to qualify for asylum, Perez must establish that

she qualifies as a “refugee,” meaning she is “unable or unwill-

ing” to return to Mexico because (1) she either has suffered

past harm in her home country rising to the level of persecu-

tion or has a well-founded fear of suffering harm in the future

that rises to the level of persecution, (2) the harm she experi-

enced (or reasonably fears) is on account of one or more stat-

utorily protected grounds including, as relevant here, mem-

bership in a particular social group, and (3) the mistreatment

she experienced (or fears she will encounter in the future) was

(or will be) committed by the government or by a private

No. 23-2811 9

actor that the government was either unable or unwilling to

control. See 8 U.S.C. §§ 1101(b)(42)(A), 1158(b)(1)(B)(i);

8 C.F.R. § 1208.13(b)(1); Cece v. Holder, 733 F.3d 662, 668, 669–

71, 675 (7th Cir. 2013) (en banc); Borjas Cruz v. Garland, 96 F.4th

1000, 1004 (7th Cir. 2024); Gonzalez Ruano v. Barr, 922 F.3d 346,

352, 354 (7th Cir. 2019); Orellana-Arias v. Sessions, 865 F.3d 476,

484–86 (7th Cir. 2017); Urbina-Dore v. Holder, 735 F.3d 952, 953

(7th Cir. 2013). She bears the burden of proving each of these

elements, such that her failure to establish any one of them

would be fatal to her claim for asylum, obviating any need to

consider the other elements. E.g., de Paz-Peraza v. Bondi, 140

F.4th 390, 395 n.2 (7th Cir. 2025).

Perez must establish the same elements in order to qualify

for withholding of removal, except that she must demonstrate

a clear probability of persecution, as opposed to a reasonable

possibility of persecution, if she is returned to Mexico. E.g.,

Rivas-Jarquin v. Bondi, 149 F.4th 944, 951 (7th Cir. 2025). So, if

she does not meet the bar for asylum, she necessarily does not

meet the standard for withholding of removal. Id.

Finally, in order to qualify for relief under the CAT, Perez

must establish that it is more likely than not she will be subject

to torture if she is returned to Mexico. Barry v. Barr, 916 F.3d

666, 669 (7th Cir. 2019); 8 C.F.R. §§ 1208.16(c)(2), 1208.17(a).

Torture is defined as any act by which severe

pain or suffering, whether physical or mental, is

intentionally inflicted on a person for such pur-

poses as obtaining from him or her or a third

person information or a confession, punishing

him or her for an act he or she or a third person

has committed or is suspected of having com-

mitted, intimidating or coercing him or her or a

10 No. 23-2811

third person, or for any reason based on dis-

crimination of any kind, when such pain or suf-

fering is inflicted by, or at the instigation of, or

with the consent or acquiescence of, a public of-

ficial acting in an official capacity or other per-

son acting in an official capacity. …

8 C.F.R. § 1208.18(a)(1); see Fiddler v. Bondi, 147 F.4th 757, 760–

61 (7th Cir. 2025). We will find the petitioner’s burden satis-

fied if she shows there is a substantial risk she will be tortured

if removed from the United States. Barry, 916 F.3d at 669. Con-

sistent with the definition of torture, she must make some

showing that the torture will be perpetrated by, at the behest

of, or with the consent or acquiescence of public officials. Id.

Before seeking judicial review of the agency’s adverse de-

cision, a petitioner must exhaust the administrative remedies

available to her as a matter of right. 8 U.S.C. § 1252(d)(1).

A court may review a final order of removal

only if the applicant first exhausts “ ‘all admin-

istrative remedies available to the alien as of

right,’ 8 U.S.C. § 1252(d)(1), and ... this includes

the obligation first to present to the Board any

arguments that lie within its power to address.”

Issaq v. Holder, 617 F.3d 962, 968 (7th Cir. 2010)

(quoting Ghaffar v. Mukasey, 551 F.3d 651, 655

(7th Cir. 2008)). To exhaust a claim, the peti-

tioner must argue it specifically and with

enough detail to put the Board on notice that the

petitioner is trying to challenge the immigration

judge’s decision based on that argument.

Kithongo v. Garland, 33 F.4th 451, 458 (7th Cir.

2022). “It is not enough that the new argument

No. 23-2811 11

bears some relation to the evidentiary record.”

Nyandwi v. Garland, 15 F.4th 836, 841 (7th Cir.

2021).

Munoz-Rivera v. Garland, 81 F.4th 681, 687–88 (7th Cir. 2023)

(footnote omitted); see also Perez-Castillo v. Blanche, 177 F.4th

837, 842–43 (7th Cir. 2026) (argument not made to Board

waived for purposes of judicial review). The exhaustion pro-

vision of section 1252(d)(1) is a mandatory claim-processing

rule, as opposed to a jurisdictional rule. Santos-Zacaria v. Gar-

land, 598 U.S. 411, 417–23 (2023); Chavarria-Reyes v. Lynch, 845

F.3d 275, 279 (7th Cir. 2016). As such, the rule is subject to

waiver and forfeiture, but if properly invoked by the govern-

ment, it must be enforced. Hamer v. Neighborhood Housing

Servs. of Chicago, 583 U.S. 17, 20 (2017); Chavarria-Reyes, 845

F.3d at 279.

As the government points out, Perez made only cursory

challenges to the IJ’s adverse conclusions as to her asylum,

withholding of removal, and CAT claims in the four num-

bered paragraphs we quoted above. In those paragraphs, she

did not articulate to what particular social group she and her

family belonged; she did not confront the IJ’s determination

that the Knights Templar were only interested in extorting

money from her family and had not targeted her based on her

membership in any social group; she did not preserve an ar-

gument that she had an objectively reasonable fear of future

persecution; nor, relatedly, did she argue that internal reloca-

tion would not enable her to avoid future harm from the car-

tel. (The possibility of relocation, of course, bore upon the

likelihood of future persecution.) It may be clear enough that

Perez intended to challenge the IJ’s adverse holdings on some

if not all of these points, but in no way did Perez—who was

12 No. 23-2811

represented by counsel 1—actually develop an argument en-

gaging with the IJ’s reasoning and alerting the Board as to

why, exactly, she believed the IJ erred. 2 “Exhaustion means

not just taking an appeal to the Board but also presenting an

argument, so that the Board has ‘an opportunity to pass upon

the particular legal arguments and contentions that [the alien]

now raises.’” Chavarria-Reyes, 845 F.3d at 279 (quoting Zequiri

v. Mukasey, 529 F.3d 364, 369–70 (7th Cir. 2008)); see also Khan

v. Holder, 766 F.3d 689, 701–02 (7th Cir. 2014); cf. Long-Gang

Lin v. Holder, 630 F.3d 536, 543 (7th Cir. 2010) (merely men-

tioning IJ’s adverse findings, without advancing arguments

as to why those findings were erroneous, was insufficient to

preserve challenge in court of appeals). 3

Perez therefore forfeited any argument as to these points,

which were essential both to her asylum, withholding of re-

moval, and CAT claims and to the IJ’s rationale for denying

relief to Perez on those claims. Because she forfeited those ar-

guments, she deprived the Board of the opportunity to ad-

dress the merits of the arguments and therefore failed to

1 Perez is represented by different counsel in this court.

2 By contrast, Perez arguably at least minimally developed arguments

as to why, in her view, the IJ erred in not treating the cartel’s threats to her

family as imminent and credible, and why the Mexican police would be

unable or unwilling to protect her family from the cartel if she and her

children were deported to Mexico.

3 Perez’s notice of appeal to the Board (A.R. 36-39) is of no help to her

in this regard, in that it does not outline any of the arguments she intended

to raise with the Board. Cf. Juarez v. Holder, 599 F.3d 560, 564 n.3 (7th Cir.

2010) (petitioner’s notice of appeal “stated the basic contours of the claims

she wished to make” to the Board, so as to preserve those arguments and

exhaust her administrative remedies).

No. 23-2811 13

exhaust her administrative remedies. Perez consequently can-

not raise such arguments here; and because those arguments

address essential elements of her claims, relief as to these

claims is foreclosed to her in this court.

III.

The events that Perez has recounted are disturbing. But

she failed to make a comprehensive case in her appeal to the

Board, leaving key elements of her claims for asylum, with-

holding of removal, and relief under the CAT—and the IJ’s

reasons for denying those claims—unaddressed. She there-

fore forfeited any arguments she might have had as to those

elements, and in turn failed to exhaust her administrative

remedies as required by section 1252(d)(1). The government

has timely noted and relied upon the lack of exhaustion, and

we are obligated to recognize the lack of exhaustion and deem

relief to Perez on her asylum, withholding of removal, and

CAT claims foreclosed. E.g., Chavarria-Reyez, 845 F.3d at 279.

The petition for review is DENIED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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