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Buritica-Colorado v. Gonzales
Citation: 217 F. App'x 38Docket: No. 03-40829-ag
Court: Court of Appeals for the Second Circuit; February 7, 2007; Federal Appellate Court
Omar De Jesus Buritica-Colorado, a Colombian citizen, is appealing the Board of Immigration Appeals (BIA) decision affirming the Immigration Judge (IJ) Michael W. Straus's denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The BIA's summary affirmation means that the IJ's decision serves as the final agency determination, reviewed under a substantial evidence standard. The IJ found Buritica-Colorado credible but determined that he failed to establish a nexus between his claims and the persecution he faced, as the ELN guerrillas targeted him for extortion based on his perceived financial capability rather than any particular social group or political opinion. The IJ's findings align with the legal standard that a claim must be based on a protected ground under the Immigration and Nationality Act (INA). Consequently, Buritica-Colorado's failure to demonstrate persecution based on a protected basis led to the denial of his eligibility for asylum and withholding of removal. Buritica-Colorado's application for relief under the Convention Against Torture (CAT) was denied by the Immigration Judge (IJ), who stated that torture must be inflicted by the government, and that actions by groups not controlled by the government do not qualify as torture under CAT. The IJ concluded that the presence of rebel groups in Colombia did not support Buritica-Colorado’s claim. There were concerns regarding whether Buritica-Colorado provided adequate evidence to show a likelihood of torture by the ELN in any part of Colombia. Additionally, the court noted that the IJ did not seem to fully consider Buritica-Colorado's assertion that the ELN's influence was widespread across Colombia. The court highlighted that prior rulings indicated that awareness or willful blindness by government officials to acts of torture is sufficient to establish a claim under CAT. Consequently, the court remanded the case for the agency to apply the correct standard for CAT as established in previous rulings. The petition was granted in part and denied in part, and the Board of Immigration Appeals (BIA) decision was partially vacated for further proceedings.