Background
Petitioners Marcos Sebastian Francisco-Pasqual and his minor child, natives and citizens of Guatemala, sought review of the Board of Immigration Appeals dismissal of their appeal of an Immigration Judge’s denial of applications for asylum, withholding of removal, and protection under the Convention Against Torture. The petitioners claimed mistreatment by the family of an individual infatuated with the petitioner’s girlfriend.
The court’s reasoning
The court reviewed the agency’s findings of fact for substantial evidence and questions of law de novo. The court found the record supported the agency’s conclusion that the petitioners failed to establish past persecution, as the threatening incidents did not constitute extreme harm. The court also found no evidence of a pattern or practice of persecution against indigenous Mayans in Guatemala that would support a well-founded fear of future persecution. Consequently, the petitioners were ineligible for withholding of removal. Finally, the court found substantial evidence supported the determination that the petitioners were not more likely than not to be tortured in the future.
What it means going forward
The petition for review is denied, and the Motion to Stay Removal is denied, leaving the Board of Immigration Appeals order in effect.
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