Summary
The United States Court of Appeals for the First Circuit reviewed a petition challenging the Board of Immigration Appeals’ denial of asylum and withholding of removal to a Colombian national and his derivative family members. The court held that substantial evidence supported the agency’s finding that the Colombian government was willing and able to protect the family from threats by the Gulf Clan. The court denied the petition for review.
Court
United States Court of Appeals for the First Circuit
Jurisdiction
United States Court of Appeals for the First Circuit
Decision date
November 26, 2025
Docket number
24-2117
Disposition
writ_denied
Questions Presented
- Whether substantial evidence supported the agency's finding that the Colombian government was willing and able to protect Castano and his family from the Gulf Clan.
- Whether the BIA was required to review de novo the issue whether the undisputed facts showed that Colombia was unable to protect Castano's family.
- Whether the agency committed legal error by failing to consider that telephone threats continued despite the police response.
Holdings
- Substantial evidence supported the agency's determination that Colombia was able to protect Castano and his family; the continued telephone threats, without more, did not compel a contrary conclusion.
- Because Castano failed to show that Colombia was unwilling or unable to control the Gulf Clan, he failed to establish the required government nexus and was ineligible for asylum and withholding of removal.
- The BIA properly reviewed the IJ's unwilling-or-unable determination for clear error rather than de novo.
- The BIA did not commit legal error by overlooking the continued telephone threats; its decision adequately addressed that evidence and sufficiently explained its reasoning.
Court Document
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