Barnica-Lopez v. Garland, No. 21-1313 (1st Cir. 2023)
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The First Circuit denied in part and dismissed in part the order of the Board of Immigration Appeals (BIA) upholding an immigration judge's (IJ) denial of Petitioners' request for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), holding that Petitioners were not entitled to relief.
The IJ denied the requests for asylum and withholding of removal brought by Petitioners, a mother and daughter who were natives and citizens of Honduras, based on its finding Petitioners failed to demonstrate a well-founded fear of future persecution "on account of" a statutorily protected ground. Petitioners sought judicial review. The First Circuit denied the petition in part and otherwise dismissed it, holding (1) substantial evidence supported the agency's findings; and (2) Petitioners' CAT claim was not administratively exhausted.
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