Background
Petitioners Maria Elena Escalante Escobar and her minor child, citizens of Guatemala, sought asylum, withholding of removal, and protection under the Convention Against Torture. They alleged an assault by a masked man who attempted to rape them while they were gathering water. The Immigration Judge and the Board of Immigration Appeals denied their claims, finding the harm was a random act of violence without a nexus to a protected ground.
The court’s reasoning
The court applied the substantial evidence standard to review the agency’s decisions. It found the evidence supported the conclusion that the assault was random and not motivated by race, religion, nationality, membership in a particular social group, or political opinion. The court declined to address the petitioner’s proposed particular social group of criminal victims who fought back as it was unnecessary to the holding. The court also found the petitioner’s fear of generalized violence insufficient for Convention Against Torture relief.
What it means going forward
The petition for review is denied, the temporary administrative stay of removal is lifted, and the motion for stay of removal is denied.