Duran-Rodriguez v. Barr

The Ninth Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The panel held that, although it was possible for the IJ to conclude that the death threats petitioner received were sufficiently serious and credible to rise to the level of persecution, the panel could not say that the evidence compelled the conclusion that petitioner suffered past persecution. Moreover, even assuming that petitioner had a subjective fear of future persecution, he failed to demonstrate that the record compelled reversal of the agency's internal relocation finding. Therefore, petitioner failed to establish eligibility for asylum and consequently, for withholding of removal. The panel also held that the IJ and BIA correctly concluded that petitioner had not been tortured in the past nor has he shown that it was more likely than not that he would be subjected to torture by or with the acquiescence of a public official. Accordingly, petitioner's CAT claim failed. View "Duran-Rodriguez v. Barr" on Justia Law