Background
Jorge Martinez Zarate, a native and citizen of Mexico, petitioned for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s decision. The immigration judge had denied his applications for asylum, withholding of removal, and protection under the Convention Against Torture.
The court’s reasoning
The court reviewed the agency’s factual findings for substantial evidence and questions of law de novo. The court noted that the petitioner did not challenge the BIA’s conclusions regarding the time-barred asylum application or the failure to establish a claim based on a family-based particular social group. The court found substantial evidence supported the determination that the petitioner failed to show harm rising to the level of persecution on account of his ethnicity or political opinion. The court also found the agency did not err in determining that harm suffered during military service was not on account of a particular social group. Finally, the court found substantial evidence supported the denial of Convention Against Torture protection because the petitioner failed to show it was more likely than not he would be tortured if returned to Mexico.
What it means going forward
The temporary stay of removal was lifted and the motion to stay removal was denied, allowing for the petitioner’s removal to proceed.