United States First Circuit

A Guatemalan citizen's petition for review of a BIA's denial of his applications for asylum, statutory withholding or removal and protection under the Convention Against Torture (CAT) is affirmed where: 1) whatever petitioner's subjective fear of persecution, he has not shown an objectively reasonable basis for that fear; 2) petitioner's alternative theory that a "very reasonable possibility that he will be persecuted in Guatemala based upon his membership in the particular social group of Guatemalan nationals repatriated from the United States," is without merit; 3) because statutory withholding of removal under INA section 241(b)(3) requires an even greater likelihood pf persecution than asylum, his request for statutory withholding necessarily fails; and 4) petitioner is not eligible for relief under CAT because he has not established that there is any prospect that he will be "tortured" if returned to Guatemala.

Appellate Information

• Decided 10/22/2012
• Published 10/22/2012

Judges

• Boudin

Court

• United States First Circuit

Counsel