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Castro v. Holder

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Argued: December 9, 2009

Before: LEVAL, HALL AND LYNCH, Circuit Judges.

In September 2005, Milton Ronaldo Rodas Castro (“Rodas”), a native and citizen of Guatemala and a former police officer there, applied for asylum and withholding of removal under the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1158, 1231(b)(3), and for relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”), Dec. 10, 1984, S. Treaty Doc. No. 100-20, 1465 U.N.T.S. 85; see 8 C.F.R. §§ 1208.16-18 (implementing the CAT), alleging retaliation and threats on his life by the Guatemalan police following his reports of official corruption to an international human rights organization. Rodas’s wife, Maria Luis Carranza-Fuentes (“Carranza”), also a native and citizen of Guatemala, independently applied for asylum, withholding of removal and relief under the CAT based on the same factual predicate, and their cases were consolidated in the Immigration Court. Carranza is also listed as a derivative applicant on Rodas’s application.*fn2

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