Varela-Chavarria v. Garland, No. 22-1780 (1st Cir. 2023)
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The First Circuit denied Petitioner's petition for review challenging the denial of her application for asylum and withholding of removal, holding that Petitioner failed to establish a connection between her past persecution on account of a statutorily protected ground.
Specifically, the First Circuit held (1) Petitioner failed to raise before the Board of Immigration Appeals (BIA) her argument that the BIA's failure to address a procedural error in Petitioner's hearing before the IJ violated her right to due process under the Fifth Amendment, and therefore, this Court was precluded from addressing it now; and (2) the BIA erred by failing to evaluate the severity of Petitioner's mistreatment as a teenager through the eyes of a child, but the error did not warrant remand because Petitioner failed to link her mistreatment to a statutorily-protected ground.
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