Rigaberto Pastor Wilson- Garcia v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RIGABERTO PASTOR WILSON-
GARCIA,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 22-695
Agency No.
A071-831-143
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 26, 2024**
Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.
Rigaberto Pastor Wilson-Garcia, a native and citizen of Honduras, petitions pro
se for review of the Board of Immigration Appeals’ order dismissing her appeal from
an immigration judge’s decision denying her application for deferral of removal
* 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).
FILED
APR 4 2024
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 3 --

2 22-695
under the Convention Against Torture (“CAT”). We have jurisdiction under
8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings.
Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We grant the
petition for review and remand.
The agency found that Wilson-Garcia failed to show it is more likely than
not she would be tortured by or with the consent or acquiescence of the
government if returned to Honduras. Substantial evidence does not support this
finding. See 8 C.F.R. §§ 1208.16(c)(3), 1208.18(a)(1), (7). Specifically, the
country conditions evidence in the record includes reports of an increasing level of
violence towards transgender people in 2019, with Honduras estimated as having
one of the highest murders rates for transgender people in the world, the arbitrary
arrests of transgender women, the role state security agents had in violence against
LGBTQ+ people, and a restriction in legal protections.
Because the agency failed to address this relevant evidence, we grant the
petition for review and remand Wilson-Garcia’s CAT claim to the agency for
further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S.
12, 16-18 (2002) (per curiam); Parada v. Sessions, 902 F.3d 901, 914-16 (9th Cir.
2018) (court remanded where “the agency erred by failing to consider all relevant
evidence” as to CAT relief); Cole v. Holder, 659 F.3d 762, 771-72 (9th Cir. 2011)

-- 2 of 3 --

3 22-695
(indications of the agency’s failure to properly consider all of the relevant evidence
include “failing to mention highly probative or potentially dispositive evidence”).
We do not consider the materials Wilson-Garcia references in her opening
brief that are not part of the administrative record. See Fisher v. INS, 79 F.3d 955,
963-64 (9th Cir. 1996) (en banc).
We deny Wilson-Garcia’s request for judicial notice.
The government must bear the costs for this petition for review.
PETITION FOR REVIEW GRANTED; REMANDED.

-- 3 of 3 --