On Petition for Review of an Order of the Board of Immigration Appeals.
Nos. A 209 004 119; A 209 004 121.
Decided and Filed: December 8, 2023
Before: MOORE, McKEAGUE, and KETHLEDGE, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. Petitioner Ana Sanchez Sebastian-Sebastian
petitions for review of the Board of Immigration Appeals’ denial of her application for asylum
and withholding of removal under the Immigration and Nationality Act as well as protection
under the Convention Against Torture. She also challenges the Board’s decision under the Due
Process Clause of the Fifth Amendment. In its denial of asylum and withholding of removal
under the INA, the Board found that Sebastian-Sebastian failed to demonstrate a nexus between
her particular social groups and the harm she faced. In its denial of CAT protection, the Board
found that Sebastian-Sebastian failed to demonstrate that she is more likely than not to be
tortured if removed to Guatemala. On appeal, Sebastian-Sebastian argues that the Board’s
conclusions were not supported by substantial evidence on the record as a whole. Because the
Board’s failure to make necessary findings as to the asylum and withholding of removal claims
is erroneous, but its conclusion as to Sebastian-Sebastian’s CAT claim is supported by
substantial evidence, we GRANT Sebastian-Sebastian’s petition for review in part, DENY in
part, VACATE the Board’s denial of her application for asylum and withholding of removal,
and REMAND to the Board for reconsideration consistent with our opinion. |