Eugenia Veronica Tenecota-Velasquez, an Ecuadorian national, fled her home country after her long-term boyfriend began abusing her following the death of their eldest son. She entered the United States illegally and applied for asylum, withholding of removal, and protection under the Convention Against Torture. She proposed a particular social group defined as 'unwed single mothers in Ecuador in a relationship they are unable to leave.' The Immigration Judge denied all claims, ruling that the proposed group was not cognizable and that the petitioner had already left the relationship. The Board of Immigration Appeals affirmed these decisions. The petitioner then sought review in the Third Circuit.
The court addressed two primary issues. First, regarding asylum and withholding of removal, the court applied the substantial evidence standard to the Board's factual findings. The petitioner argued she belonged to a particular social group of unwed single mothers unable to leave their abusive relationships. The court found that the petitioner failed to establish she was 'unable to leave.' Evidence showed she obtained a restraining order against her abuser, which was largely effective as he 'wouldn't dare go inside the house.' Although there was one incident where the order was violated, the court noted she also started a new relationship with a man who helped her reach the United States and aimed to protect her. The court concluded that moving continents and securing a new partner demonstrated she could and did manage to leave the relationship. Second, regarding the Convention Against Torture claim, the court noted that while the petitioner mentioned the Convention in her brief and notice of appeal, she never made a substantive argument to the Board. Under 8 U.S.C. § 1252(d)(1) and precedent, a claim must be exhausted before the Board to be reviewed by the court. Because she failed to present the claim below, the court could not consider it on appeal.
The decision reinforces the requirement that asylum seekers proposing a particular social group based on inability to leave an abusive relationship must show that internal relocation or protective measures, such as restraining orders, are not viable options. It also serves as a reminder that Convention Against Torture claims must be fully developed and argued before the Board of Immigration Appeals to avoid dismissal on exhaustion grounds. The case is remanded with instructions to deny the petition for review regarding asylum and withholding, and to dismiss the petition regarding the Convention claim.
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