Antonio-Fuentes v. Holder, Jr., No. 13-2290 (8th Cir. 2014)
Annotate this CasePetitioner, a native and citizen of El Salvador, petitioned for review of the BIA's denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court concluded that petitioner failed to establish he belonged to a particular social group because gangs specifically targeted his family; petitioner failed to show that his family is different from any other Salvadoran family that has experienced gang violence; petitioner's political-opinion argument was waived because he raised it for the first time on administrative appeal; and, in regards to relief under the CAT, the IJ and BIA found no evidence that the police in El Salvador condone or participate in criminal activities and petitioner acknowledged that the police try to help. Accordingly, the court denied the petition.
Court Description: Petition for Review - Immigration. Kansas City Immigration Court. With respect to petitioner's application for withholding of removal, the Board did not err in finding that petitioner had failed to identify a "particular social group" that is recognized under the Immigration and Nationality Act as he failed to show that his family is different than any other Salvadoran family that has experienced gang violence; Board did not err in finding petitioner raised his claim alleging a fear of persecution on account of political opinion for the first time on administrative appeal and that the issue was waived; no error in denying relief under the Convention Against Torture where the petitioner failed to produce compelling evidence to override the IJ's finding that there was no evidence that the police in El Salvador condone or participate in criminal activities and that petitioner's fear of torture was not justified.
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