Background
The petitioner, a native and citizen of Guatemala, sought asylum, withholding of removal, and protection under the Convention Against Torture. The Immigration Judge denied the application, and the Board of Immigration Appeals affirmed that decision. The petitioner argued the Board applied the wrong standard of review to the nexus determination.
The court’s reasoning
The court explained that while the Board reviews factual findings for clear error, it must review de novo whether a protected ground was a central reason for the harm. The court found the Board correctly limited its clear error review to factual findings about motive. The record showed the individuals targeting the petitioner’s husband were motivated solely by prospective criminal pecuniary gain. The petitioner herself was never targeted. Regarding the Convention Against Torture claim, the court found generalized evidence of violence insufficient to show the petitioner would suffer extreme cruel treatment with the consent or acquiescence of a public official.
What it means going forward
The petition for review is denied, and the temporary administrative stay is lifted. The motion to stay removal is denied.