Background
The petitioner, a native and citizen of Guatemala, sought review of a Board of Immigration Appeals decision. The BIA denied his renewed motion to terminate proceedings and dismissed his appeal of 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 agency’s legal determinations de novo and the factual findings for substantial evidence. It held that the government has discretion to place noncitizens in standard removal proceedings without first granting a credible fear interview. The court found that the petitioner suffered no prejudice from this procedure. Regarding asylum, the court determined that the record did not compel a conclusion that the petitioner experienced harm rising to the level of persecution, as isolated incidents of discrimination and harassment do not meet the extreme standard. The court also found substantial evidence supported the agency’s finding that internal relocation within Guatemala would be reasonable, noting the petitioner’s family remained safe in his hometown. Finally, the court found no evidence that the petitioner was more likely than not to be tortured if removed to Guatemala.
What it means going forward
The denial of the petition leaves the Board of Immigration Appeals decision in place, resulting in the petitioner’s removal proceedings continuing and the denial of his protection claims.