Background
Claudia Coreas Flores petitioned for review of a Board of Immigration Appeals decision that dismissed her appeal after an Immigration Judge denied her applications for asylum, withholding of removal, and Convention Against Torture protection. The petitioner alleged due process violations regarding the denial of telephonic testimony from a witness named Blanca and challenged the sufficiency of evidence regarding the Salvadoran government’s ability to protect her from harassment by a man named Beto.
The court’s reasoning
The court reviewed due process challenges de novo and factual findings for substantial evidence. It concluded that the petitioner did not establish a due process violation because the Immigration Judge admitted a nearly seven-page letter from the witness into evidence, negating any prejudice. Regarding the asylum claim, the court held that the record did not compel the conclusion that the Salvadoran government was unable or unwilling to protect the petitioner, noting that the alleged harasser was arrested in 2010 and that El Salvador had enacted laws criminalizing violence against women. Consequently, the petitioner failed to meet the standards for withholding of removal and Convention Against Torture protection.
What it means going forward
The denial of the petition leaves the Board of Immigration Appeals decision in place, resulting in the denial of asylum, withholding of removal, and Convention Against Torture protection for the petitioner.