Background
Reynaldo Bocanegra Garcia, a native and citizen of Mexico, entered the United States in two thousand and five but did not apply for asylum until two thousand and seventeen. He sought relief based on threats from Timoteo Morales Acevedo, the individual responsible for his brother’s murder, whom he feared would be released from prison. The Immigration Judge denied his applications for asylum, withholding of removal, and Convention Against Torture protection, findings which the Board of Immigration Appeals affirmed.
The court’s reasoning
The court applied the substantial evidence standard to review the agency’s determinations. Regarding asylum, the court found the application untimely and unsupported by evidence of extraordinary circumstances, as the feared release of the perpetrator had not occurred. For withholding of removal, the court upheld the finding that the petitioner failed to demonstrate past persecution and that the harm feared was motivated by personal vengeance rather than his membership in a particular social group. Regarding Convention Against Torture, the court found no evidence that the government would acquiesce in torture or that the petitioner was likely to be tortured upon return.
What it means going forward
The petition for review is denied, and the order of the Board of Immigration Appeals denying relief remains in effect.
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