Ordonez-Quino v. Holder, No. 13-1215 (1st Cir. 2014)Annotate this Case
Petitioner, a native of Guatemala and an indigenous Mayan Quiche, entered the United States without inspection. After Petitioner was charged with removability, Petitioner filed requests for asylum, withholding of removal, and protection under the United Nations Convention Against Torture, arguing that he and his Mayan Quiche community had been attacked by the Guatemalan military on account of their race and ethnicity and that he would suffer serious harm if returned to Guatemala. An immigration judge (IJ) denied Petitioner’s requests for relief and ordered him removed, concluding that Petitioner did not qualify for asylum because he had not demonstrated past persecution or a well-founded fear of future persecution on account of a protected ground. The Board of Immigration Appeals (BIA) affirmed the IJ’s decision. The First Circuit vacated the order of the BIA affirming the IJ’s decision and remanded, holding that the BIA’s and IJ’s determinations that Petitioner did not demonstrate past persecution on account of a protected ground were not supported by substantial evidence.