Evidence of threats may be insufficient to prove past persecution. Alberto Elizondo-Badilla, a citizen of Costa Rica, applied for asylum, withholding of removal and relief under CAT, the Convention Against Torture. In April 2010, Hartford Immigration Judge Verrillo denied his application. The Board of Immigration Appeals affirmed. Elizondo-Badilla appealed. The 2nd Circuit found that the petitioner furnished evidence that he had been threatened. Threats alone were insufficient to prove that the petitioner suffered from past persecution. Family members who remained in Costa Rica were not harmed. Substantial evidence supported the immigration judge's conclusion that the petitioner failed to prove it was more likely than not that he would be persecuted, if he returned to Costa Rica. The 2nd Circuit denied the petition for review. Elyssa N. Williams represented the petitioner. Carl McIntyre, Stuart Delery and John Inkeles represented the government.

VIEW FULL CASE