Background
Pedro Ramirez-Gaspar, a native and citizen of Guatemala, sought withholding of removal and protection under the Convention Against Torture. The Immigration Judge denied his applications, and the Board of Immigration Appeals dismissed his appeal. Ramirez-Gaspar petitioned the Ninth Circuit for review.
The court’s reasoning
The court reviewed the case de novo for questions of law and for substantial evidence regarding factual findings. The court found that the record did not compel the conclusion that Ramirez-Gaspar suffered past persecution, as the only alleged harm was four threatening phone calls in December two thousand thirteen without physical harm. The court also determined that Ramirez-Gaspar did not independently establish a clear probability of future persecution and forfeited challenges to the nexus determination. Regarding Convention Against Torture protection, the court found no evidence of past torture and noted that his daughters remained safe in Guatemala with only a non-threatening phone call in two thousand sixteen indicating continued interest.
What it means going forward
The denial of the petition for review upholds the agency’s decision to deny protection from removal, leaving the petitioner subject to removal proceedings.