Background
Petitioner Christian Antonio Lopez Alfaro, a native and citizen of El Salvador, sought asylum and withholding of removal after facing past persecution by gangs and a homophobic church. The immigration judge denied his applications, weighing his criminal history against his past experiences. The Board of Immigration Appeals affirmed the denial, adopting the immigration judge’s reasoning.
The court’s reasoning
The court affirmed the denial of asylum, finding the agency properly weighed positive factors against the petitioner’s criminal history. However, the court reversed the denial of withholding of removal, ruling that the agency misapplied the more likely than not standard by relying on general country conditions rather than an individualized analysis. The court also found legal error in the agency’s failure to consider evidence of the petitioner’s engagement to a transgender woman and the current extremist views of his family’s church.
The dissent
What it means going forward
The case is remanded to the Board of Immigration Appeals to re-evaluate the withholding of removal claim using the correct individualized standard and by considering the petitioner’s specific family and relationship risks.