Background
Petitioners, natives and citizens of Guatemala, sought review of a Board of Immigration Appeals order dismissing an appeal from an Immigration Judge’s denial of asylum and withholding of removal. The petitioner alleged abuse by her husband and a past sexual assault by her cousin.
The court’s reasoning
The court reviewed the agency’s conclusion that the petitioner failed to establish the government was unable or unwilling to control her husband for substantial evidence. The court found the petitioner had an official government restraining order and described only one encounter after its issuance. Regarding the assault by her cousin, the court held the petitioner failed to demonstrate a protected ground was a central reason for the persecution, as she provided no evidence of the cousin’s motives. The court noted that the failure to prove government inability to protect precludes relief, making further arguments unnecessary.
What it means going forward
The petition for review is denied, and the temporary stay of removal will dissolve upon issuance of the mandate.