Decision date: 2024-03-11
Holding that Petitioner failed to exhaust her arguments with respect to PSG and nexus by not arguing the issue before the Board of Immigration Appeals. Distinguishing Petitioner's case from Hernandez-Avalos, where Petitioner's evidence did not support a finding her proposed PSG of "female heads of households with minor children" was sufficiently tied to the gang threats she experienced. Holding that Petitioner waived her CAT claim because although she raised the claim in her Notice of Appeal to the BIA, she failed to address it in her subsequently filed brief.
Publication Status: Unpublished
Case judge: Harris, Rushing, Thacker
Decision: Rivera-Jovel v. Garland, No. 22-2136, 2024 WL 1044747 (4th Cir. Mar. 11, 2024)