The 1st Circuit Court of Appeals and the Board of Immigration Appeals (BIA) denied the appeal for withholding of removal by one Ronaldo Hernandez-Lima, a native and citizen of Guatemala, who asserted that he experienced past persecution in his home country on account of his political opinion and membership in the Democratic Christian Party.
Failing to Establish Grounds of Prosecution
Hernandez-Lima was admitted to the U.S. in 2004 using a B-2 tourist visa which allowed him to stay in the country until May 2005. He overstayed, however, and in January 2011 the Department of Homeland Security served him with a Notice to Appear, charging him with removability based on 8 U.S.C. § 1227(a)(1)(B).