Garcia-Colindres, et al v. Holder, Jr., No. 12-1117 (8th Cir. 2012)
Annotate this CasePetitioner, a native of Guatemala, sought review of the BIA's order affirming an IJ's denial of his application for asylum and withholding of removal. The court was presented with a complete absence of evidence as to the individuals and motives behind the deaths and disappearance of petitioner's children. Without more, the court could not conclude that petitioner and his wife and son were not the casualties of general civil unrest, crime, or societal violence. Therefore, the court affirmed the BIA's holding that the incidents at issue did not constitute past persecution on account of a protected ground. The court also held that the BIA's conclusion that petitioner did not qualify as a refugee and was ineligible for asylum was supported by substantial evidence; petitioner was ineligible for withholding of removal; and petitioner's claim of humanitarian asylum was waived.
Court Description: Petition for Review - Immigration. Immigration Judge did not err in finding petitioner had not suffered past persecution as the harm suffered by petitioner was temporary and not sufficiently severe to qualify as persecution; the IJ did not err in concluding petitioner could not demonstrate past persecution as the unknown circumstances surrounding the deaths of his children did not conclusively establish governmental involvement or indifference; petitioner also failed to demonstrate a well- founded fear of future persecution if he returned to Guatemala, and the IJ did not err in denying his request for asylum; having failed to establish an entitlement to asylum, petitioner could not meet the more rigorous standard for withholding of removal; court would not consider claim for humanitarian asylum as it had not been presented to the IJ or the BIA.
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