Board of Immigration Appeals decision on the application of ACAs in removal proceedings
In the matter of C-I-G-M- & L-V-S-G-, the respondents, a mother and her minor child, are natives and citizens of Guatemala who entered the United States without inspection on August 23, 2023. The following day, the Department of Homeland Security (DHS) served them with notices to appear, charging them as removable under section 212(a)(6)(A)(i) of the Immigration and Nationality Act ("INA"). The lead respondent (the mother) filed an application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) regulations on September 28, 2023. Her claim centered on a fear of harm from "neighbors and other bad men" in Guatemala, stemming from threats and violence against her family. The minor child was included as a derivative beneficiary on the asylum application but did not file independent claims for withholding or CAT relief, consistent with BIA precedent in Matter of A-K- , 24 I&N Dec. 275, 279–80 (BIA 2007), which holds that d...