Background
Gladys Yanneth Corominal-Leon de Xalin and her minor daughter, K.A.X.C., natives and citizens of Guatemala, petitioned for review of an order dismissing their appeal from an immigration judge’s decision. The immigration judge had denied their applications for asylum, withholding of removal, and protection under the Convention Against Torture. The Board of Immigration Appeals affirmed the denial, agreeing that the petitioners failed to show the Guatemalan government was unable or unwilling to protect them from their former romantic partner.
The court’s reasoning
The court applied the substantial evidence standard, noting that administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary. The court reviewed the record and found no legal error in the agency’s analysis that the petitioners failed to show the government was unable or unwilling to control the private persecutor. The court cited Diaz de Gomez v. Wilkinson regarding the requirement to show government inability or unwillingness to control private actors. The court also found substantial evidence supported the denial of Convention Against Torture protection. Because the Board’s finding regarding government protection was dispositive, the court declined to address remaining arguments on asylum and withholding of removal.
What it means going forward
The denial of the petition leaves in place the Board of Immigration Appeals’ decision denying asylum, withholding of removal, and Convention Against Torture protection to the petitioners.