DENVER, CO – The United States Court of Appeals for the Tenth Circuit has denied a petition for review filed by Deisy Ernestina Rosas-Garcia, her husband Rafael Pico-Garcia, and their minor child, upholding a decision by the Board of Immigration Appeals (BIA) that denied their request for asylum and ordered their removal to Colombia.
According to court documents (No. 24-9567), the family entered the United States without inspection in November 2022 and conceded removability during removal proceedings. They sought asylum under the Immigration and Nationality Act, claiming they fled Colombia due to threats and extortion by criminal gangs. Mr. Pico-Garcia, representing the family pro se, testified before an Immigration Judge (IJ) regarding the threats.
The IJ determined that while the family’s experience was credible and understandably distressing, the threats did not rise to the level of persecution as defined under U.S. asylum law. The judge also found that the petitioners had not demonstrated that the Colombian government was unable or unwilling to protect them, noting they had not reported the threats to local authorities. Additionally, the IJ found that evidence showed the family could safely relocate within Colombia.
The BIA affirmed the IJ’s findings, particularly the conclusion that internal relocation was feasible. The Tenth Circuit, in a decision entered by Judge Rossman and joined by Judges Hartz and Moritz, found no basis to reverse the BIA’s determination and denied the petition for review.
