Camara v. Holder, No. 12-2294 (1st Cir. 2013)
Annotate this CasePetitioner, a native of Senegal and a citizen of Guinea, filed an application for withholding of removal and protection under the Convention Against Torture. The immigration judge (IJ) denied Petitioner's application and ordered him removed to Guinea. The Board of Immigration Appeals (BIA) affirmed. Petitioner appealed, arguing, among other things, that the IJ and BIA erred in failing to consider whether the threat of forced genital mutilation to his daughters, should they return with him, constituted a threat of direct persecution to him in the form of psychological injury. The First Circuit Court of Appeals denied Petitioner's petition for review, holding (1) substantial evidence supported the determination that Petitioner faced neither past persecution nor a likelihood of future persecution; and (2) Petitioner did not establish that his removal would result in his daughters' accompanying him to Guinea, and Petitioner's theory of direct persecution of him based on the possible risk to his daughters was foreclosed by the BIA, in a reasonable interpretation of the relevant statute, and by circuit precedent.
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