Background
Petitioners, natives and citizens of Mexico, sought review of a Board of Immigration Appeals decision dismissing their appeal of an Immigration Judge’s denial of applications for asylum, withholding of removal, and protection under the Convention Against Torture.
The court’s reasoning
The court applied the substantial evidence standard to review the Board of Immigration Appeals determination. It found that the petitioners failed to demonstrate a well-founded fear of persecution on account of a protected ground, as their fear stemmed from generalized crime rather than targeted persecution based on their membership in proposed particular social groups. Regarding the Convention Against Torture claim, the court held that the record did not compel the conclusion that the petitioners were more likely than not to be tortured with government acquiescence, noting that their testimony suggested government involvement in securing a family member’s release rather than acquiescence to harm.
What it means going forward
The petition for review is denied, and the stay of removal remains in place until the mandate issues.