Background
Petitioners Kevin Leonardo Garcia Utuc and Fredy Marvin Garcia Utuc, brothers from Guatemala, sought review of a Board of Immigration Appeals decision dismissing their appeal of an immigration judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture.
The court’s reasoning
The court reviewed the agency’s denial for substantial evidence. The petitioners forfeited their argument regarding persecution by forces the government is unable or unwilling to control because they did not specifically and distinctly argue it in their opening brief. Without establishing fear of persecution by the government or controllable forces, their asylum and withholding claims failed. Regarding Convention Against Torture relief, the court found the aunt’s mistreatment did not amount to torture and the fear of gang recruitment or vigilante harm did not show it was more likely than not that the government would consent to or acquiesce in their torture.
What it means going forward
The petition for review is denied, leaving the Board of Immigration Appeals’ order dismissing the asylum, withholding, and Convention Against Torture claims in place.