Decision date: 2023-11-28

Holding that substantial evidence supported the Board of Immigration Appeals' (BIA) finding that the Honduran government was not unable or unwilling to protect Escobar-Hernandez where her testimony revealed that police officers always arrived when she called, and country conditions reports indicated that Honduras was taking steps to combat gender-based violence. Although the Honduran police were ultimately unable to apprehend Escobar-Hernandez's persecutors, the Fourth Circuit held that this and other facts in the country conditions reports did not compel the opposite conclusion. The Fourth Circuit also held that Escobar-Hernandez waived her arguments as to relief under the Convention Against Torture where she failed to include those arguments in her brief before the BIA.

Publication Status: Unpublished

Case judge: King, Richardson, Thacker

Decision: Escobar-Hernandez v. Garland, No. 22-2546, 2023 WL 8230498 (4th Cir. Nov. 28, 2023)