Background
Pablo Marcos Ramirez-Canseco, a native and citizen of Mexico, petitioned for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s decision. The immigration judge had denied his applications for cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture.
The court’s reasoning
The court determined that the petitioner waived review of the immigration judge’s denial of cancellation of removal. Contentions regarding the merits of the cancellation of removal claim were not properly before the court because they were not raised before the Board of Immigration Appeals. The Board correctly concluded that the petitioner waived any challenge to the immigration judge’s dispositive findings regarding asylum and withholding of removal. The court found substantial evidence supported the denial of Convention Against Torture protection because the petitioner failed to show it was more likely than not he would be tortured if returned to Mexico.
What it means going forward
The petition for review was denied, and the motion to stay removal was denied as moot, leaving the Board of Immigration Appeals order in effect.