Jutus v. Holder, No. 12-1709 (1st Cir. 2013)
Annotate this CasePetitioner, a native and citizen of Guatemala, entered the United States without inspection. After the United State initiated removal proceedings against him, Petitioner applied for relief in the form of asylum, withholding of removal, and protection under the Convention Against Torture (CAT), alleging that he feared torture by guerrilla forces in Guatemala due to his father's military service and work in the civil patrol. The immigration judge (IJ) concluded that Petitioner failed to establish a threshold case for relief. The board of immigration appeals (BIA) affirmed. Nine years later, Petitioner filed a motion to reopen his application for asylum and withholding of removal. The BIA denied Petitioner's motion, finding that he failed to demonstrate a material change in country conditions and failed to establish a prima facie case for asylum. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA (1) properly concluded that Petitioner failed to establish a material change in country conditions necessary to reopen removal proceedings; and (2) did not err in finding Petitioner failed to establish a prima facie case for asylum.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.