Osario-Morales v, Garland

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 22-2909
Decision Date: 
July 5, 2023
Federal District: 
Petition for Review, Order of Board of Immigration Appeals
Holding: 
Petition denied

Record contained sufficient evidence to support IJ’s denial of petitioner’s application for asylum relief, withholding of removal and protection under Convention Against Torture, based on petitioner‘s contention that he had well-founded fear of persecution based on history of violence experienced by members of his family by members of rival family in Honduras. IJ could properly find that petitioner had failed to make required showing that Honduran government was either unwilling or unable to protect petitioner from instant interfamily violence. Record showed that Honduran government took steps to investigate fire that had killed petitioner’s grandmother, and, although Honduran government eventually released members of rival family whom had been identified as culprits of said fire, IJ could properly infer that investigation into instant private violence suggested willingness by Honduran government to protect its citizens from such violence. Ct. further noted that no members of petitioner’s family in Honduras had reported any instances of said violence to Honduran police.