Background
Petitioner Mohsen Haghighatpour sought review of a Board of Immigration Appeals decision affirming an immigration judge’s denial of his applications for asylum from Iran and Germany, withholding of removal to Germany, and protection under the Convention Against Torture from Iran and Germany. The petitioner alleged fear of persecution by Iranian agents in Germany due to his former membership in the Iranian secret police.
The court’s reasoning
The court reviewed the agency’s factual findings for substantial evidence and legal questions de novo. It found the BIA provided adequate reasoning by citing Matter of Burbano and addressing credibility and persecution issues. The court held Germany was an appropriate alternative country of removal under the Immigration and Nationality Act. The petitioner forfeited his challenge to the discretionary denial of asylum. The record did not compel a conclusion that the petitioner faced a clear probability of persecution in Germany, as death threats alone were insufficient without specific confrontation or mistreatment. Furthermore, the record did not show it was more likely than not that Germany would deport the petitioner to Iran or that he would face torture there.
What it means going forward
The denial of the petition leaves in place the Board of Immigration Appeals order denying relief, meaning the petitioner remains subject to removal to Germany.
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