Beltrand-Alas v. Holder, No. 11-1419 (1st Cir. 2012)
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Alas, a citizen of El Salvador, unlawfully entered the U.S. in 2003. In 2006, the Department of Homeland Security began removal proceedings, charging Alas with removability as an alien present without being admitted or paroled, and for being present in the without a valid immigrant visa, 8 U.S.C. 1182(a)(6)(A)(I); 1182(a)(7)(A)(i)(I). He requested political asylum and withholding of removal. The IJ found that his testimony about gang threats and the murder of family members was credible, but that the application for political asylum was untimely and that his explanations for the untimely application were inadequate. The IJ also found that Alas was not a victim of past persecution and had not met his burden of showing persecution, a well-founded fear of persecution, or a clear probability of persecution on account of a statutorily protected ground. Alas did not establish himself to be a member of a particular social group and his fear of harm was not centrally based upon an actual or implied protected ground. The BIA affirmed. The First Circuit denied a petition for review.
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