Background
Macaria Martinez Garcia, a native and citizen of Mexico, petitioned for review of a Board of Immigration Appeals order dismissing her appeal of an Immigration Judge’s decision. The lower tribunal denied her applications for asylum, withholding of removal, and relief under the Convention Against Torture. The petitioner alleged persecution by a group called El Movimiento de 3 Unificación y Lucha Triqui in Oaxaca, including threats of rape and kidnapping.
The court’s reasoning
The court reviewed the denial of asylum, withholding of removal, and Convention Against Torture claims for substantial evidence. The court found that the record did not compel a finding of past persecution because there was no physical harm, repeated threats, or past detention. The court also determined that the petitioner could safely relocate to another region within Mexico. Because the petitioner failed to establish the showing of persecution required for asylum, she could not meet the higher bar for withholding of removal. Finally, the court found substantial evidence supported the denial of Convention Against Torture protection because the petitioner failed to show it was more likely than not she would be tortured if removed.
What it means going forward
The petition for review is denied, leaving in place the Board of Immigration Appeals decision denying the petitioner’s claims for protection.
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