K-Y-V-R
CourtBoard of Immigration Appeals
Date FiledSeptember 10, 2026
DocketID 4268
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Cite as 30 I&N Dec. 203 (BIA 2026) Interim Decision #4268
Matter of K-Y-V-R-, Respondent
Decided by Board September 10, 2026 1
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
The Immigration Judge’s determination that the respondent established the requisite
likelihood of future torture was speculative and unsupported by the record where the
Immigration Judge relied heavily on general country conditions evidence that was not
particular to the respondent and did not show that the respondent could not internally
relocate to avoid future torture.
FOR THE RESPONDENT: Alfonso Caprara, Esquire, Philadelphia, Pennsylvania
FOR THE DEPARTMENT OF HOMELAND SECURITY: Norman Millard, Assistant
Chief Counsel
BEFORE: Board Panel: RADICS, Deputy Chief Appellate Immigration Judge;
MAHTABFAR, Appellate Immigration Judge; WHITE, Temporary Appellate
Immigration Judge.
MAHTABFAR, Appellate Immigration Judge:
The Department of Homeland Security (“DHS”) appeals from the
Immigration Judge’s January 21, 2020, decision granting withholding of
removal under the regulations implementing the Convention Against Torture
(“CAT”) to the respondent, a native and citizen of El Salvador. 2 8 C.F.R.
§§ 1208.16(c), 1208.17 (2026); 8 C.F.R. § 1208.18(a) (2020). The
respondent opposes the appeal. 3 The appeal will be sustained, the
1
Pursuant to Order No. 7272-2026, dated October 27, 2026, the Attorney General
designated the Board’s decision in Matter of K-Y-V-R- (BIA Sep. 10, 2026), as precedent
in all proceedings involving the same issue or issues. See 8 C.F.R. § 1003.1(g)(3) (2026).
Editorial changes have been made consistent with the designation of the case as a
precedent.
2
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, Dec. 10, 1984, S. Treaty Doc. No. 100-20, 1465 U.N.T.S. 85 (entered into
force for United States Nov. 20, 1994).
3
The respondent has not challenged the Immigration Judge’s denial of his applications
for asylum under section 208(b)(1)(A) of the Immigration and Nationality Act (“INA”),
8 U.S.C. § 1158(b)(1)(A) (2018), and withholding of removal under section 241(b)(3)(A)
of the INA, 8 U.S.C. § 1231(b)(3)(A) (2018). We, therefore, deem any challenge to the
page
203
Cite as 30 I&N Dec. 203 (BIA 2026) Interim Decision #4268
Immigration Judge’s January 21, 2020, decision will be vacated, and the
respondent will be ordered removed from the United States.
To establish eligibility for CAT protection, a respondent must
demonstrate that it is more likely than not that he will be tortured in his home
country by or with the consent or acquiescence, to include willful blindness,
of a public official or other person acting in an official capacity. 8 C.F.R.
§§ 1208.16(c)–1208.18(a). The United States Court of Appeals for the Third
Circuit, the jurisdiction in which this case arises, has held that an
Immigration Judge must engage in a two-step inquiry when evaluating a
claim for protection under the CAT: the Immigration Judge must 1) examine
what is likely to happen to the respondent if he is removed, and 2) determine
whether what is likely to happen amounts to the legal definition of torture.
Myrie v. Att’y Gen. U.S., 855 F.3d 509, 516 (3d Cir. 2017). The question of
what will happen to a respondent is a factual finding for the Immigration
Judge to make that we review for clear error. Id. at 516–17. Whether such
harm amounts to torture is a legal determination that we review de novo. Id.
In the present case, the respondent fears future torture from Salvadoran
gang members who attempted to recruit him on multiple occasions from
when he was a young child until he left the country when he was 17 years
old. The respondent testified that gang members threatened him, threw rocks
at his home, and, on one occasion, physically assaulted him at his school
because of his refusal to join their gang. The Immigration Judge concluded
that the respondent had demonstrated a likelihood of future torture upon his
return to El Salvador because of his prior refusals to comply with the gang
members’ demands. The Immigration Judge further cited to country
conditions evidence in the record discussing the prevalence of gang violence
in El Salvador.
We conclude that the Immigration Judge’s determination as to the
likelihood of the respondent’s future torture upon his return to El Salvador is
speculative and unsupported by the record. See Matter of N-N-B-, 29 I&N
Dec. 79, 80–81 (BIA 2025); see also Matter of J-F-F-, 23 I&N Dec. 912,
917–18 (A.G. 2006). The Immigration Judge relied heavily on general
country conditions evidence that is not particular to the respondent and does
not sufficiently establish that the unknown gang members the respondent
fears remain interested in targeting him in the future. See Hernandez
Garmendia v. Att’y Gen. U.S., 28 F.4th 476, 484 (3d Cir. 2022) (“The specter
denial of these applications waived. See Matter of P-B-B-, 28 I&N Dec. 43, 44 n.1
(BIA 2020) (stating that arguments not raised on appeal are deemed waived).
page
204
Cite as 30 I&N Dec. 203 (BIA 2026) Interim Decision #4268
of torture must be supported by specific evidence that the individual
applicant is more likely than not to be singled out.”); see also Matter of
O-Y-A-E-, 29 I&N Dec. 190, 193 (BIA 2025) (explaining that an application
for CAT protection must demonstrate a particularized threat of torture);
Matter of A-A-R-, 29 I&N Dec. 38, 41–42 (BIA 2025) (explaining that
evidence of widespread violence does not necessarily mean a respondent
could show that there is a clear probability he faces a particularized risk of
torture). The respondent did not provide testimony that the gang members
who threatened him when he was a minor have looked for his whereabouts
since he left El Salvador in 2015. The record is also devoid of any evidence
that his family members residing in El Salvador or anyone close to the
respondent have been questioned or targeted by gang members since the
respondent left the country.
We further conclude that the Immigration Judge’s findings regarding the
respondent’s inability to internally relocate are unsupported by the record.
See 8 C.F.R. § 1208.13(b)(1)(i)(B), (2)(ii) (2026), 8 C.F.R. § 1208.13(b)(3)
(2020); see also Matter of M-Z-M-R-, 26 I&N Dec. 28, 32–36 (BIA 2012).
The Immigration Judge’s finding that the respondent would face difficulties
relocating in El Salvador because of his “limited education, lack of job
experience, and lack of close family ties remaining in El Salvador” is not
supported by the record. The respondent did not previously attempt to
relocate within El Salvador. The respondent testified that while most of his
family members reside in the United States, he has uncles who work as police
officers in El Salvador. The respondent is also now an able-bodied adult,
and the record does not show that he would be prevented from relocating
away from his hometown where he was threatened by gang members as a
minor and obtaining employment in a different part of El Salvador. The
generalized country conditions evidence cited in the decision further does not
support the Immigration Judge’s predictive finding that the respondent would
be unable to relocate within El Salvador to avoid any future torture.
In considering the foregoing, the Immigration Judge’s predictive factual
findings draw unsupported inferences from the record and fall short of
demonstrating that the respondent met his burden of proof for protection
under the CAT. As the foregoing is dispositive, we need not address the
Immigration Judge’s determination regarding government acquiescence on
appeal. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (per curiam) (“As a
general rule courts and agencies are not required to make findings on issues
the decision of which is unnecessary to the results they reach.”). Thus, we
will sustain DHS’ appeal, vacate the Immigration Judge’s decision granting
protection under the CAT, and order the respondent removed to El Salvador.
page
205
Cite as 30 I&N Dec. 203 (BIA 2026) Interim Decision #4268
ORDER: DHS’ appeal is sustained.
FURTHER ORDER: The Immigration Judge’s January 21, 2020,
decision granting protection under the CAT is vacated.
FURTHER ORDER: The respondent is ordered removed to
El Salvador.
NOTICE: If a respondent is subject to a final order of removal and
willfully fails or refuses to depart from the United States pursuant to the
order, to make timely application in good faith for travel or other documents
necessary to depart the United States, or to present himself or herself at the
time and place required for removal by DHS, or conspires to or takes any
action designed to prevent or hamper the respondent’s departure pursuant to
the order of removal, the respondent shall be subject to a civil monetary
penalty of up to $998 for each day the respondent is in violation. See § 274D,
8 U.S.C. § 1324d (2024); 8 C.F.R. § 280.53(b)(14) (2026). Further, any
respondent that has been denied admission to, removed from, or has departed
the United States while an order of exclusion, deportation, or removal is
outstanding and thereafter enters, attempts to enter, or is at any time found in
the United States shall be fined or imprisoned not more than 2 years, or both.
See INA § 276(a), 8 U.S.C. § 1326(a) (2024).
page
206