Background
Aniceto Quinonez-Ros, a native and citizen of Guatemala, petitioned for review of the Board of Immigration Appeals’ decision upholding the Immigration Judge’s denial of withholding of removal and protection under the Convention Against Torture. The BIA also denied his motion to reopen and request to remand or terminate proceedings based on ineffective assistance of counsel and a request to amend pleadings.
The court’s reasoning
The court reviewed factual findings for substantial evidence and abuse of discretion for discretionary denials. It found substantial evidence supported the denial of withholding of removal because the petitioner failed to show a nexus between the threats and his proposed particular social groups. The court also found substantial evidence supported the denial of Convention Against Torture protection as the record did not compel the conclusion that he would likely be tortured with government acquiescence. Regarding the motion to reopen, the court found no abuse of discretion in denying claims of ineffective assistance of counsel or requests to amend pleadings. However, the court noted its prior remand order may have been unclear regarding the petitioner’s ability to provide additional evidence of hardship for cancellation of removal.
What it means going forward
The petitioner’s claims for withholding of removal and Convention Against Torture protection remain denied, but the case is sent back to the Board of Immigration Appeals to allow the petitioner to further develop the record regarding eligibility for cancellation of removal.