Ajeataz-Cor v. Sessions, 690 F. App'x 756

Petitioner Higinio Medrano Ajeataz-Cor, a Guatemalan national, sought asylum, withholding of removal, and CAT protection after coming to the U.S.
The IJ denied relief in a December 1, 2014 decision; the BIA affirmed on November 19, 2015. Petition for review followed to the Second Circuit.
The agency acknowledged generalized gang violence and extortion in Guatemala but found no evidence that gangs target returnees from the U.S.
Ajeataz-Cor’s application asserted friends were killed after returning from the U.S., but he offered no testimony or corroboration at hearing for that claim.
He conceded he does not fear gang recruitment personally and said gangs had not tried to recruit his sons.
The only issues before the court were whether he met the standard for withholding of removal and CAT relief based on a likelihood of future persecution or torture.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Withholding of removal — likelihood of persecution based on gang violence	Ajeataz-Cor argued he feared persecution if returned to Guatemala because of gang activity and returnees from U.S.	Govt: record shows general violence only; no evidence gangs target U.S. returnees or that petitioner faces individualized risk or protected-ground nexus	Denied — petitioner failed to show a likelihood of persecution; evidence was speculative and lacked support
CAT relief — likelihood of torture upon return	Ajeataz-Cor argued he would likely be tortured given country conditions and his asserted returnee status	Govt: no evidence government would acquiesce or that petitioner faces particularized torture risk beyond general violence	Denied — petitioner failed to demonstrate likelihood of torture; alternative government-acquiescence ground need not be reached

Wangchuck v. Dep’t of Homeland Sec., 448 F.3d 524 (2d Cir. 2006) (court reviews both IJ and BIA decisions for completeness)
Yanqin Weng v. Holder, 562 F.3d 510 (2d Cir. 2009) (standards of review for removal proceedings)
Ramsameachire v. Ashcroft, 357 F.3d 169 (2d Cir. 2004) (likelihood standard for withholding of removal and CAT relief)
Melgar de Torres v. Reno, 191 F.3d 307 (2d Cir. 1999) (generalized country violence insufficient to show particularized risk)
Jian Xing Huang v. U.S. INS, 421 F.3d 125 (2d Cir. 2005) (fear is speculative without solid record support)
INS v. Bagamasbad, 429 U.S. 24 (1976) (courts need not decide unnecessary alternative grounds)