In a published opinion issued Feb. 25, the 10th Circuit Court of Appeals denied Javier Garcia-Botello’s petition for review of the Board of Immigration Appeals’ order affirming the denial of his Convention Against Torture protection claim. Garcia-Botello, a Mexican citizen removable for overstaying a visa, sought withholding of removal under the CAT based on a claimed likelihood of torture if returned to Mexico due to his severe disability and risk of institutionalization.
The court held the BIA did not err in its analysis, and substantial evidence supported the agency’s determination that Garcia-Botello failed to show it was “more likely than not” he would be tortured by or with the acquiescence of a public official in Mexico — a necessary element for CAT relief. The decision highlights the deferential substantial-evidence standard that governs judicial review of agency fact-finding in CAT cases and reiterates that disability-related harms stemming from neglect or substandard conditions do not, without proof of specific intent, satisfy the CAT’s standard.