The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision rejecting an asylum claim. The court found the petitioner failed to prove past persecution and did not exhaust arguments regarding future persecution.
Rolando Domingo Garcia, a native and citizen of Guatemala, sought asylum after alleging he was struck by a teacher and a farm foreman. The Immigration Judge denied his claim, and the Board of Immigration Appeals dismissed his appeal and denied his motion to reopen.
The court’s reasoning
The court reviewed the agency’s factual findings for substantial evidence and legal questions de novo. It concluded the record did not compel a finding that the harm suffered rose to the level of past persecution. The court also held that Garcia failed to exhaust his challenge to the well-founded fear finding and that the Board did not abuse its discretion in denying the motion to reopen.
What it means going forward
The denial of the petitions leaves the removal order in place, preventing the petitioner from remaining in the United States based on the asylum claims presented.
