Background
Petitioners Mercedes Gabriela Rodas-Flores and her children, natives of El Salvador, sought review of a Board of Immigration Appeals order. The order dismissed their appeal from an immigration judge’s decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture.
The court’s reasoning
The court reviewed the agency’s factual findings for substantial evidence and questions of law de novo. It concluded that substantial evidence supported the agency’s determination that the petitioners failed to show they were persecuted on account of a protected ground. The court noted that purely personal retribution is not persecution on account of a protected ground and that a desire to be free from harassment by criminals motivated by theft or random violence bears no nexus to a protected ground. Because the petitioners failed to show any nexus to a protected ground, they also failed to satisfy the standard for withholding of removal. The court further found substantial evidence supported the conclusion that the petitioners failed to show a reasonable possibility of future persecution. Regarding the Convention Against Torture claim, the court held that the Board of Immigration Appeals did not err in concluding the petitioner waived review of the immigration judge’s denial. The court also found that the petitioner’s contentions regarding the merits of the Convention Against Torture claim were not properly before the court because she did not raise them before the Board of Immigration Appeals.
What it means going forward
The denial of the petition for review upholds the immigration judge’s decision denying asylum and withholding of removal, leaving the petitioners subject to removal proceedings.