Gutierrez-Vidal v. Holder, Jr., No. 12-2247 (8th Cir. 2013)
Annotate this CasePetitioner, a citizen of Peru, petitioned for review of the BIA's decision affirming the IJ's denial of his asylum and withholding of removal claims. Petitioner feared persecution if he returned to Peru on account of his political opinion. Petitioner asserted that the BIA erred by affirming the IJ's determination that he failed to show that the Peruvian authorities were unable or unwilling to protect him from the Shining Path. Considering the police efforts, the substantial evidence in the record did not indicate that the government condoned the actions of the Shining Path or demonstrated a complete helplessness to protect petitioner. Thus, petitioner failed to establish a harm amounting to persecution. For the same reason, petitioner failed to establish a well-founded fear of future persecution. Because petitioner failed to satisfy the lower burden of proof required for asylum, it followed that he failed to satisfy the higher, clear probability standard for withholding of removal. Accordingly, the court denied the petition for review.
Court Description: Review - Immigration. Considering the efforts police made to arrest and prosecute members of the Shining Path group who attacked petitioner, the record does not indicate that the government of Peru condoned the group's actions or demonstrated a complete helplessness to protect petitioner, and the BIA did not err in finding petitioner had not established either past persecution or a well-founded fear of future persecution.
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