Background
Melvin Juanito Morales-Itzep, a native and citizen of Guatemala, petitioned for review of the Board of Immigration Appeals’ decision affirming an immigration judge’s denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture. The immigration judge found that Morales-Itzep did not suffer past persecution or show a well-founded fear of future persecution based on testimony regarding a 2016 break-in and a lack of other threats.
The court’s reasoning
The panel concluded that substantial evidence supported the immigration judge’s finding that Morales-Itzep did not suffer past persecution or show a well-founded fear of future persecution. The court noted that an isolated criminal incident does not rise to the level of persecution and that the petitioner failed to present evidence showing he faces an individualized risk of gang-related harm greater than other citizens of Guatemala. Because the petitioner did not meet the reasonable fear standard for asylum, the court held he could not meet the higher more likely than not standard for withholding of removal. Similarly, the evidence did not compel a finding that he was more likely than not to experience torture under the Convention Against Torture. The court declined to reach the petitioner’s unexhausted claim regarding procedural error under the REAL ID Act.
What it means going forward
The denial of the petition leaves in place the immigration judge’s order denying relief, meaning the petitioner remains subject to removal from the United States.
Podcast (federal-narrative-summaries): Play in new window | Download