Background
Virginia Gisel Alberto-Cardoza, a native and citizen of Honduras, sought asylum, withholding of removal, and protection under the Convention Against Torture. The Board of Immigration Appeals upheld the denial of these claims. Alberto-Cardoza petitioned the Fifth Circuit for review of the Board’s decision.
The court’s reasoning
The court found that the petitioner failed to show the Board of Immigration Appeals erred in concluding she did not raise a cognizable particular social group. Arguments regarding proposed groups were either waived or not exhausted. The court also found substantial evidence supported the determination that gang extortion was driven by criminal motives rather than political opinion. Finally, the court found no evidence that any torture she would suffer would involve state action.
What it means going forward
The denial of asylum, withholding of removal, and Convention Against Torture protection stands, leaving the petitioner subject to removal.