Background
Petitioner Santos Guillermo Cruz Lopez, a native and citizen of Guatemala, sought review of a Board of Immigration Appeals decision dismissing his appeal of an immigration judge’s order. The immigration judge denied his applications for asylum, withholding of removal, and protection under the Convention Against Torture.
The court’s reasoning
The court held that the petitioner failed to establish that Guatemalans who cannot pay money to gangs is a cognizable particular social group because inability to pay is not an immutable characteristic. However, the court found that substantial evidence did not support the agency’s conclusion that the petitioner failed to establish a nexus between his religion and his past persecution. The record showed gang members attacked him for attending church, and the court held that a protected ground need only be one reason for the persecution, even if financial gain was also a motivation. The court also affirmed that the petitioner was not eligible for Convention Against Torture relief because the record did not show government acquiescence.
What it means going forward
The case is remanded for further proceedings consistent with the court’s finding that the petitioner may qualify for withholding of removal based on religious persecution.