Background
Rolando Domingo Garcia, a native and citizen of Guatemala, sought asylum and a motion to reopen after an Immigration Judge and the Board of Immigration Appeals denied his claims. The Board denied his motion to reopen, finding he failed to establish a prima facie case for cancellation of removal.
The court’s reasoning
The court reviewed factual findings for substantial evidence and legal questions de novo. It found the record did not compel a conclusion that the harm Garcia suffered rose to the level of past persecution. The court noted Garcia did not argue before the agency that a lower standard applied because he was a child, rendering that argument unexhausted. Similarly, Garcia failed to exhaust his challenge regarding the disfavored group analysis for future persecution. Regarding the motion to reopen, the court found the Board did not abuse its discretion because the financial and emotional hardship to his wife did not deviate in the extreme from ordinary hardship in removal cases.
What it means going forward
The denial of the petitions leaves the Board of Immigration Appeals’ decision denying asylum and the motion to reopen in effect.