Record failed to contain sufficient evidence to support petitioner’s application for withholding of removal and for protection under Convention Against Torture Act, even though petitioner alleged that he was target of prior extortion scheme in Honduras and risked death if he returned there. Petitioner testified that individuals affiliated with mafia in Honduras approached him shortly after his initial return to Honduras after having been removed from U.S. and demanded money based on their belief that petitioner’s prior stay in U.S. meant that petitioner had money. While petitioner argued that IJ failed to adequately develop record on his status as landowner in Honduras that would have qualified him for withholding of removal relief, especially where petitioner appeared pro se at hearing, Ct. rejected petitioner’s claim, after noting that: (1) petitioner did not suggest at hearing before IJ that his harm was related to his ownership of farm; and (2) only legal theory raised at hearing was claim that extortion was based upon his status as recent Honduran citizen that had been removed from U.S., which is not recognized social group for purposes of obtaining withholding of removal relief. Also, petitioner could only speculate as to claim that mafia would send others to kill him if forced to return to Honduras, where Mafia had previously murdered his cousins.
Federal 7th Circuit Court
Civil Court
Immigration