Background
Nury Susana Ortiz-Ramirez and her child, natives and citizens of Honduras, sought asylum, withholding of removal, and protection under the Convention Against Torture. The Immigration Judge denied these applications, and the Board of Immigration Appeals upheld the denial. The petitioners sought review in the Fourth Circuit.
The court’s reasoning
The court concluded that the petitioners forfeited appellate review of their asylum and withholding of removal claims because their opening brief did not challenge the Board’s finding that they failed to establish a nexus between persecution and a protected ground. The court also declined to review due process claims because the petitioners failed to exhaust those arguments before the Board. Finally, the court found that substantial evidence supported the denial of Convention Against Torture protection.
What it means going forward
The petition for review is denied, leaving the Board of Immigration Appeals’ order upholding the denial of relief in place.