Background
Maria Lopez-Sebastian and her four children, who are derivative beneficiaries of Maria’s asylum application, are natives and citizens of Guatemala. They petitioned for review of a Board of Immigration Appeals decision affirming an Immigration Judge’s order denying their applications for asylum, withholding of removal, and Convention Against Torture protection. The petitioners alleged they faced threats from an unknown caller who demanded money and threatened violence.
The court’s reasoning
The panel unanimously concluded that the petitioners waived their claims of past persecution because their brief to the Board of Immigration Appeals addressed only the fear of future persecution. Regarding future persecution, the court found substantial evidence supported the agency’s determination that the petitioners failed to demonstrate the required nexus between the alleged harm and their particular social group of family. The record showed the caller was motivated by monetary gain rather than animus toward the family. Additionally, the court found the petitioner waived her claim for Convention Against Torture relief because her brief did not meaningfully address the Immigration Judge’s specific conclusions regarding the risk of torture.
What it means going forward
The denial of the petition leaves in place the lower agency orders denying asylum, withholding of removal, and Convention Against Torture protection to the petitioners.
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