Background
Walfre Gomez Cruz, a native and citizen of Guatemala, petitioned for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s decision. The immigration judge had denied his applications for cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture.
The court’s reasoning
The court reviewed the agency’s factual findings for substantial evidence. It found substantial evidence supported the determination that Gomez Cruz did not show exceptional and extremely unusual hardship to qualifying relatives. The court held that new allegations of hardship based on a health condition were not properly before the court because they were not raised before the Board of Immigration Appeals. Regarding withholding of removal, the court found substantial evidence supported the denial because Gomez Cruz failed to show harm rising to the level of persecution or a clear probability of future persecution. Similarly, the denial of Convention Against Torture protection was supported because Gomez Cruz failed to show it was more likely than not he would be tortured if returned to Guatemala. The court did not address remaining contentions regarding discretion, relocation, or government acquiescence because the agency did not deny relief on those grounds.
What it means going forward
The denial of the petition for review leaves the Board of Immigration Appeals’ order in place, resulting in the denial of relief for cancellation of removal, asylum, withholding of removal, and Convention Against Torture protection for the petitioner.