Bertrand v. Garland, No. 19-60620 (5th Cir. 2022)
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Petitioner, a native and citizen of Haiti, experienced targeted violence while in Haiti. He fled to the United States, where he was detained and transferred to a detention center in Texas. He sought asylum, withholding of removal, and for protection under the Convention Against Torture (CAT). The Immigration Judge denied relief. The Board of Immigration Appeals (BIA) affirmed and dismissed Petitioner's appeal.
Petitioner then sought relief in the Fifth Circuit but failed to address the denial of his CAT claim and withholding of removal claim. Thus, the court only considered the BIA's finding that Petitioner failed to show that the Haitian government was unable or unwilling to protect him.
The Fifth Circuit denied Petitioner's petition, citing the efforts of the Haitian government following the attacks against Petitioner. Based on the government's response, Petitioner could not show that the Haitian government was unable or unwilling to protect him.
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