Background
Petitioners, citizens of Guatemala, sought asylum, withholding of removal, and protection under the Convention Against Torture. The Immigration Judge denied their applications, and the Board of Immigration Appeals dismissed their appeal. The petitioners sought review in the Ninth Circuit.
The court’s reasoning
The court reviewed factual findings for substantial evidence and questions of law de novo. It found that the petitioners received only vague and anonymous threats without confrontation or other mistreatment, which is insufficient to establish past persecution. The court noted that threats alone generally do not constitute persecution unless they are so menacing as to cause significant actual suffering. Regarding the Convention Against Torture, the court held that because the past harm did not amount to persecution, it could not rise to the higher standard of torture. The petitioners’ evidence reflected general risks to the population, such as gang violence, but did not demonstrate a particularized risk of torture to the petitioners specifically. The petitioners also forfeited arguments regarding future persecution and internal relocation by failing to make a dedicated argument in their opening brief.
What it means going forward
The petition for review is denied, and the temporary stay of removal is lifted immediately. The Board of Immigration Appeals order denying relief stands.