Somoza Garcia v. Holder, Jr.

Petitioner, a native and citizen of Guatemala, petitioned for review of the BIA's order dismissing his request for withholding of removal and relief under the Convention Against Torture (CAT). The court concluded that petitioner has not presented any evidence indicating that persons who identify gang members to police suffered greater crime than other members of the population who resisted gang violence. Therefore, petitioner's attempt to define a cognizable social group on this basis failed for lack of both particularity and visibility. Petitioner's proffered political status also failed; nothing in the record suggested that MS-13 targeted petitioner for political reasons; and therefore, the BIA's legal determinations were correct and substantial evidence supported its decision to deny withholding of removal under 8 U.S.C. 1231(b)(3)(A). Finally, substantial evidence supported the BIA's decision to deny relief under the CAT where the record did not compel the conclusion that it was more likely than not that petitioner would be tortured with the acquiescence of a public official. Accordingly, the court denied the petition for review. View "Somoza Garcia v. Holder, Jr." on Justia Law