Background
Petitioners Melanie Nicole Castro Galarraga, her husband, and their minor child sought review of the Board of Immigration Appeals’ dismissal of their appeal. The underlying appeal involved an immigration judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture. The petitioners argued they belonged to particular social groups and faced future torture.
The court’s reasoning
The court applied a substantial evidence standard. It found that small business owners do not constitute a legally cognizable particular social group because wealth is not an immutable characteristic. The court also determined that the petitioners’ proposed groups lacked a nexus to a protected ground. Regarding Convention Against Torture relief, the court found that generalized evidence of violence and corruption in Ecuador was insufficient to establish government acquiescence to torture.
What it means going forward
The petition for review was denied, and any temporary stay of removal was lifted.