Background
Zeira Yamileth Borjas Gonzales, a native and citizen of Honduras, entered the United States without documentation in October two thousand eighteen. She applied for asylum, withholding of removal, relief under the Convention Against Torture, and humanitarian asylum after testifying to past physical and sexual violence. The Immigration Judge found she had established past persecution but failed to prove it was on account of a protected ground and found she could reasonably relocate within Honduras to avoid future harm. The Board of Immigration Appeals affirmed the denial, declining to address other findings because the relocation finding was dispositive.
The court’s reasoning
The court noted that the petitioner did not challenge the Immigration Judge’s finding that she could internally relocate to avoid persecution. This uncontested finding is dispositive of her asylum and withholding of removal claims under federal regulations. The court also found that her challenge to the denial of humanitarian asylum was waived because she failed to explain how the agency erred in denying that discretionary relief.
What it means going forward
The decision reinforces that failure to challenge a finding of internal relocation on appeal will result in the denial of asylum and withholding of removal claims. It also clarifies that arguments regarding humanitarian asylum must be fully developed on appeal or they will be deemed waived.