Background
The petitioners, a Nicaraguan family, sought review of the Board of Immigration Appeals dismissal of their appeal from an Immigration Judge denial of 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 decision. It found the record did not compel a conclusion that the petitioners suffered past persecution because the threats received were not accompanied by physical harm and ceased before they left Nicaragua. The court also determined the feared harm was not objectively reasonable due to a lack of credible evidence that anyone was interested in harming them. Regarding Convention Against Torture claims, the court found no evidence of individualized risk of torture or that the government viewed the petitioners as traitors.
What it means going forward
The petition for review is denied, and the motion for a stay of removal is denied as moot.