Background
Marilyn Morales Coro, a native and citizen of Guatemala, petitioned for review of the Board of Immigration Appeals decision dismissing her appeal of an immigration judge’s order. The immigration judge had denied her applications for asylum, withholding of removal, and protection under the Convention Against Torture regulations. The petitioner feared persecution from her former partner, Cardona, and his family.
The court’s reasoning
The court reviewed the Board of Immigration Appeals decision for substantial evidence. Regarding asylum and withholding of removal, the court found the petitioner failed to show the government was unable or unwilling to control her former partner. Although she reported abuse and obtained a restraining order, she later withdrew the complaint and failed to report violations, failing to give the government an opportunity to intervene. The court also noted the government has taken steps to combat domestic violence. The petitioner forfeited the challenge to the safe relocation determination. Regarding Convention Against Torture relief, the court found the petitioner failed to show a likelihood of future torture. Her former partner had died, and her fear of revenge by his surviving family was speculative. The court also found no evidence the government would consent to or acquiesce in torture, noting the police had recorded her complaint and granted a restraining order.
What it means going forward
The petition for review is denied, and the Board of Immigration Appeals’ order denying relief is upheld. The petitioner’s motion to stay removal is also denied.
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