Background
Petitioners Efrain Gonzalez-Francisco and his son, natives of Guatemala, sought asylum, withholding of removal, and protection under the Convention Against Torture. They alleged persecution by gang members due to their race or status as indigenous persons. The agency denied the claims, finding the harm was motivated by financial gain and that the Guatemalan government did not acquiesce to torture.
The court’s reasoning
The court applied a substantial evidence standard to review the agency’s findings. It concluded that the record supported the finding that gang members targeted the petitioners for financial gain, lacking a nexus to a protected ground. Regarding the Convention Against Torture claim, the court held that general government ineffectiveness in investigating crime is insufficient to prove acquiescence, especially where the petitioners acknowledged police did not demand money.
What it means going forward
The denial of the petition leaves the Board of Immigration Appeals decision in place, resulting in the dismissal of the petitioners’ applications for asylum, withholding of removal, and protection under the Convention Against Torture.