Background
Petitioners, natives of Peru, sought asylum, withholding of removal, and protection under the Convention Against Torture after facing threats from private criminal groups demanding money due to the father’s financial industry job. The immigration judge denied the applications, and the Board affirmed without opinion using a streamlined process.
The court’s reasoning
The court reviewed the immigration judge’s decision for reasoning since the Board affirmed without opinion. It found substantial evidence supported the finding that the Peruvian government was able or willing to protect petitioners from private actors. The court found no legal error in the agency’s analysis or the Board’s summary affirmation.
We will affirm the agency’s determination regarding an applicant’s eligibility for asylum and withholding of removal if it is supported by substantial evidence on the record considered as a whole.
INS v. Elias-Zacarias, 502 U.S. 478, 481 (1992)
What it means going forward
Petitioners remain subject to removal proceedings as their asylum claims were not granted.