Rodrigo Flores v. Eric H. Holder, Jr., No. 13-1303 (8th Cir. 2013)
Annotate this CaseCourt Description: Petition for Review - Immigration. The court lacks jurisdiction to review the BIA's denial of asylum; the decision to deny withholding of removal was supported by substantial evidence.
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1303 ___________________________ Rodrigo Flores Flores lllllllllllllllllllllPetitioner v. Eric H. Holder, Jr., Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: November 26, 2013 Filed: November 29, 2013 [Unpublished] ____________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. El Salvadoran citizen Rodrigo Flores Flores petitions for review of an order of the Board of Immigration Appeals (BIA), which upheld an immigration judge s denial of asylum and withholding of removal. After careful consideration, we conclude that we lack jurisdiction to review the BIA s denial of asylum, because that denial was based on an unexcused delay in filing the asylum application. See 8 U.S.C. ยง 1158(a)(3); Ngure v. Ashcroft, 367 F.3d 975, 989 (8th Cir. 2004). As to the BIA s denial of withholding of removal, we conclude that it was supported by substantial evidence on the record as a whole. See De Castro-Gutierrez v. Holder, 713 F.3d 375, 379-81 (8th Cir. 2013) (substantial-evidence standard for denial of withholding of removal); Gaitan v. Holder, 671 F.3d 678, 682 (8th Cir.) (El Salvadoran males who have rejected or resisted membership in gang did not constitute particular social group for purposes of removal relief), cert. denied, 133 S. Ct. 526 (2012); Malonga v. Mukasey, 621 F.3d 757, 766 (8th Cir. 2010) (harm arising from general conditions such as anarchy, civil war, or mob violence will not ordinarily support claim of persecution). Accordingly, we deny the petition for review. See 8th Cir. R. 47B. ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
