Constanza-Martinez v. Holder, Jr., No. 12-3534 (8th Cir. 2014)
Annotate this CasePetitioner, a former special forces member of the El Salvador military, petitioned for review of the BIA's decision denying him withholding of removal. The court concluded that the IJ did not deprive petitioner of a fundamentally fair hearing where the IJ provided him an opportunity to examine the documents at issue and respond to them. The court also concluded that petitioner failed to show that a reasonable adjudicator would be compelled to conclude that he would be persecuted in El Salvador where, among other things, petitioner and his family were not harmed based on his former military membership. Accordingly, the court denied the petition for review.
Court Description: Petition for Review - Immigration. The IJ did not need to issue a subpoena in the case as the documents in question were available and amenable to official notice; petitioner failed to establish that the record compels the conclusion that he will be persecuted if he is returned to El Salvador.
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