Background
Petitioners, natives of Peru, entered the United States in October two thousand twenty-two and were charged with removability for lacking valid entry documents. They applied for asylum, withholding of removal, and protection under the Convention Against Torture based on threats they received in Peru, including a note left at their business, physical assaults, and vehicle attacks. The Immigration Judge denied relief, finding the threats were motivated by financial gain rather than a protected ground, and the Board of Immigration Appeals dismissed the appeal.
The court’s reasoning
The court held that the petitioners failed to establish a prima facie case for asylum because they did not demonstrate that the feared persecution was on account of a protected ground. The Immigration Judge found the threats were extremely vague and motivated by financial gain, which does not satisfy the nexus requirement. Additionally, the court found that the petitioners waived their argument regarding Convention Against Torture relief by failing to raise it before the Board of Immigration Appeals.
What it means going forward
The petition for review is denied, and the temporary administrative stay of removal is vacated, leaving the Board of Immigration Appeals order in effect.