Background
Julio Armando Lopez-Morales, a native and citizen of Guatemala, sought review of a Board of Immigration Appeals decision dismissing his appeal from an immigration judge’s order. The immigration judge had denied his applications for asylum, withholding of removal, and protection under the Convention Against Torture. His minor daughter was included as a derivative beneficiary but did not seek separate relief.
The court’s reasoning
The court reviewed the Board of Immigration Appeals decision de novo for legal questions and for substantial evidence regarding factual findings. The court held that substantial evidence supported the determination that the petitioner failed to demonstrate that past harm rose to the level of persecution or that there was a nexus between the harm and a protected ground, specifically the social group of Guatemalans with land ownership. The court noted that the petitioner’s testimony indicated gang members targeted him due to perceived wealth and that random, isolated criminal acts do not establish persecution. Regarding the Convention Against Torture claim, the court found that a reasonable factfinder would not be compelled to find the petitioner eligible because he failed to establish it was more likely than not that he would be tortured. The court rejected his argument regarding generalized violence in Guatemala, noting that gang members had not attempted to locate him since February two thousand sixteen and his family members remained unharmed.
What it means going forward
The denial of the petition leaves in place the immigration judge’s order denying asylum, withholding of removal, and Convention Against Torture protection, effectively resulting in the petitioner’s removal from the United States.