Background
Carlos Anibal Calderon Brito, a native and citizen of El Salvador, filed a pro se petition for review of a Board of Immigration Appeals order. The Board had dismissed his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture, as well as his motion to continue.
The court’s reasoning
The panel concluded that the petitioner did not challenge the agency’s determination regarding government inability or unwillingness, so the court did not address that issue. Consequently, the asylum and withholding of removal claims failed. The court also declined to address contentions regarding past harm, particular social group, nexus, and future fear because the Board did not deny relief on those specific grounds. Additionally, the petitioner did not challenge the denials of Convention Against Torture protection or the motion to continue.
What it means going forward
The denial of the petition for review leaves the Board of Immigration Appeals’ order in place, resulting in the continued denial of asylum, withholding of removal, and Convention Against Torture protection for the petitioner.
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