Background
David Ricardo Ochoa-Vasquez, a native and citizen of El Salvador, petitioned for review of a Board of Immigration Appeals decision. The Board had affirmed an Immigration Judge’s denial of applications for asylum, withholding of removal, and relief under the Convention Against Torture.
The court’s reasoning
The court reviewed the Board of Immigration Appeals decision and the parts of the Immigration Judge’s decision upon which it relied. The Board dismissed the asylum and withholding of removal claims because the petitioner did not challenge the finding that he lacked a nexus to a protected ground. The court held that the petitioner forfeited this challenge by failing to specifically and distinctly raise it in his opening brief. Similarly, the petitioner’s Convention Against Torture claim failed because he did not contest the Board’s finding that the issue was waived due to his failure to meaningfully challenge the Immigration Judge’s denial.
What it means going forward
The petition for review is denied, and the Board of Immigration Appeals’ order dismissing the immigration claims stands. A temporary stay of removal remains in place until the mandate issues.
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