Background
Hugo Alejandro Barbosa Gordillo, a native and citizen of Colombia, sought asylum and withholding of removal in the United States. An Immigration Judge denied his claims, finding the Colombian government was able and willing to protect him. The Board of Immigration Appeals dismissed his appeal and denied his motion to remand based on new evidence regarding violence in Colombia.
The court’s reasoning
The panel unanimously concluded that Barbosa forfeited his challenge to the Immigration Judge’s finding on government protection because his BIA brief contained only a single sentence that failed to put the Board on notice of the specific issues. Regarding his motion to remand, the court found the evidence of generalized violence, such as attacks on the President and threats to activists, did not establish that the Colombian government was unable to protect him. The court also rejected due process claims, noting that any error in the Immigration Judge’s citation of precedent was not prejudicial given the dispositive nature of the protection finding, and that the judge provided proper notice regarding the administrative notice of the Human Rights Report.
What it means going forward
The petition for review is denied, and the stay of removal will dissolve upon issuance of the mandate.
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