Xiomara Arely Segovia Granados and her minor son, natives of El Salvador, sought asylum, withholding of removal, and relief under the Convention Against Torture. An immigration judge denied their applications, and the Board of Immigration Appeals dismissed their appeal by adopting and affirming the immigration judge's decision pursuant to Matter of Burbano. The petitioners argued that the BIA's streamlined decision violated their due process rights and that the factual findings were unsupported. The Ninth Circuit reviewed the case to determine if the agency's decision was legally sound and supported by substantial evidence.
The panel began by establishing the standard of review. Because the BIA adopted the immigration judge's decision under Matter of Burbano, the court reviewed the immigration judge's order as if it were the BIA's own. The court reviews legal conclusions de novo and factual findings for substantial evidence, reversing only if the evidence compels a contrary conclusion. First, the court addressed the due process claim. Citing Matter of Burbano, the BIA signified it conducted an independent review and exercised its own discretion. The court found this sufficient to satisfy due process requirements, noting that streamlined decisions do not inherently deny due process. Second, the court examined the factual basis for the asylum and withholding claims. The petitioner testified that she and her son had not been threatened, harmed, or contacted by gang members, which foreclosed a finding of past persecution. Furthermore, the court held that a fear of gang violence and generalized crime lacks the necessary nexus to a protected ground. The fact that the petitioner's family continues to live unharmed in El Salvador further undermined the objective reasonableness of her fear. Finally, the court noted that the petitioner failed to meaningfully challenge the immigration judge's findings regarding Convention Against Torture relief in the BIA appeal, deeming the issue waived under the administrative exhaustion requirement.
The petition is denied, and the temporary stay of removal is lifted. The BIA's order denying relief stands. The decision reinforces that generalized gang violence does not constitute persecution under a protected ground and clarifies that BIA adoption of an immigration judge's decision under Matter of Burbano satisfies due process. The petitioner's claims regarding Convention Against Torture remain unresolved on the merits due to waiver.
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