Sam v. Holder

Petitioner, a native of Guatemala, entered the United States without inspection sometime in 1999 or 2000. In 2006, Petitioner was charged with removability. In 2011, Petitioner conceded removability and filed an application for withholding of removal, arguing that he would be targeted for extortion and violence by Guatemalan gangs because he had stayed in the United States for an extended period and thus would be perceived as wealthy upon his return to Guatemala. An Immigration Judge denied Petitioner’s application, concluding that Petitioner had failed to show that he was a member of a particular social group and could not show a “clear probability” that he would likely be persecuted upon returning to Guatemala. The Board of Immigration Appeals (BIA) affirmed. The First Circuit Court of Appeals denied Petitioner’s petition for review, holding that the BIA’s judgment was reasonable and consistent with the Court’s past precedent, as well as with its own. View "Sam v. Holder" on Justia Law