Cruz v. Barr

The Fifth 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 court held that the BIA did not abuse its discretion in denying petitioner's motion to reconsider because supporting authority was wholly absent from his motion — other than the regulatory standard of review for questions of law. The court also held that substantial evidence supported the BIA' finding that petitioner did not suffer past persecution by gang threats to his family where his entire family still lived in El Salvador and have experienced no problems with the gang. Substantial evidence also supported the BIA's finding that petitioner lacked a well-founded fear of future persecution where, combined with his family's continued safety, petitioner admitted that he never attempted to relocate within his home country. View "Cruz v. Barr" on Justia Law