Board did not abuse its discretion in denying aliens’ motions to reconsider denial of their asylum requests or to reopen removal proceedings. Record showed that: (1) aliens, citizens of Guatemala, claimed that they, as family members of individual who came to U.S. to find employment, were persecuted by individuals who sought money and threatened to kidnap or kill then due to belief that they could pay ransom; (2) I.J. found that instant threats did not qualify as past persecution on several grounds; and (3) Board affirmed I.J.’s decision. Board could properly deny both motions, since aliens had merely rehashed same arguments lodged with Board prior to Board’s affirmance of I.J.’s decision and had presented no new material evidence to support motion to reopen removal proceedings. Board further noted that three threatening phone calls at issue in alien’s asylum claim did not constitute persecution, where aliens had not been harmed, and aliens otherwise failed to show that relocation within Guatemalan was unreasonable or that Guatemalan officials would acquiesce to conduct of criminals who threatened but not harmed aliens.
Federal 7th Circuit Court
Civil Court
Immigration