U.S.: Ecuador couple’s petition for review of immigration status denied, feared kidnapping extortion if returned

Posted on November 26, 2012 • Filed under: Ecuador, United States

FRANKLIN CHAVEZ; TERESITA VICTORIA VIZUETA VANEGAS, Petitioners,
v.
ATTORNEY GENERAL OF THE UNITED STATES, Respondent.
No. 11-4535.
Franklin Chavez and Teresita Victoria Vizueta Vanegas, husband and wife, petition for review of an order of the Board of Immigration Appeals (“BIA” or “Board”), which dismissed their appeal from an Immigration Judge’s (“IJ”) final removal order. For the following reasons, we will deny the petition for review.

Chavez and his wife arrived in the United States as visitors in 2002 and stayed longer than authorized by their visas. In removal proceedings in 2008, they submitted applications for withholding of removal pursuant to section 241(b)(3) of the Immigration and Naturalization Act (“INA”) [8 U.S.C. § 1231(b)(3)], expressing fear of persecution because of membership in a particular social group.[1] Chavez clarified in a memorandum that the particular social group was based on three factors: (1) their long-term residence in the United States, (2) their affluence, or the perception of having become affluent in the United States, and (3) their association with highly influential and wealthy people in the United States. A.R. 324. Chavez claimed that because of membership in this social group, he and his wife would likely be targeted for kidnapping and/or extortion in Ecuador……. Read Document

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