Petition waived his issue on appeal of IJ’s denial of his applications for withholding of removal and protection under Convention Against Torture (CAT), even though petitioner claimed that gang in Mexico City will target him for physical violence if forced to return to Mexico. IJ denied both applications after finding that gang’s prior attacks on petitioner resulted in only minor injuries, and that petitioner could avoid gang altogether by relocating to different parts of Mexico. Board could properly find that petitioner had not meaningfully raised relocation issue on appeal to Board, and thus petitioner had also waived said issue on appeal to Appellate Court. Moreover, petitioner’s ability to relocate creates ground to reject claims for either withholding of removal or relief under CAT.
Federal 7th Circuit Court
Civil Court
Immigration