Garcia v. Holder, Jr.

Petitioner, a native and citizen of El Salvador, petitioned for review of the BIA's dismissal of his appeal from the IJ's denial of his application for statutory withholding of removal and Convention Against Torture (CAT) protection. The court denied the petition for review as to statutory withholding where petitioner did not show that he would be persecuted on account of a protected ground because the court did not recognize economic extortion as a form of persecution under immigration law nor does it recognize wealthy Salvadorians as a protected group; granted the petition for review as to CAT protection where neither the BIA nor the IJ considered the alternative view of the evidence showing that the extortionists may have received their information about petitioner from other government officials acting in their official capacities; and remanded for further consideration of the petition for CAT protection. View "Garcia v. Holder, Jr." on Justia Law