Alvarez v. Holder
A petitioner who fails to establish he suffered past persecution may not be entitled to a presumption of future persecution, pursuant to 8 Code of Federal Regulations §1208.16(b)(1). The petitioner, a citizen of Colombia, requested asylum, withholding of removal and relief under CAT, the Convention Against Torture. A Hartford immigration judge denied his application, and the Board of Immigration Appeals affirmed. The petitioner appealed to the 2nd Circuit. Although the petitioner allegedly received a threat and a warning letter from the Revolutionary Armed Forces of Colombia, this was insufficient to establish he suffered from persecution. "As the agency reasonably determined that [the petitioner] failed to demonstrate that he suffered past persecution or established a clear probability of future persecution," wrote the 2nd Circuit, "the agency did not err in denying his application for withholding of removal." Also, although the petitioner correctly argued that the immigration judge did not explicitly indicate whether the petitioner testified credibly, any error was harmless, because the immigration judge obliquely indicated that he credited the petitioner's claims and that he denied them on the merits. The 2nd Circuit denied the petition for review.