Francisco Berganza v. Eric H. Holder, Jr., No. 13-3554 (8th Cir. 2014)

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Court Description: Petition for Review - Immigration. Omaha Immigration Court. Petition for review denied without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3554 ___________________________ Francisco J. Magana Berganza 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Review of an Order of the Board of Immigration Appeals ____________ Submitted: August 18, 2014 Filed: August 21, 2014 [Unpublished] ____________ Before BYE, SMITH, and KELLY, Circuit Judges. ____________ PER CURIAM. El Salvadoran citizen Francisco J. Magana Berganza petitions for review of an order of the Board of Immigration Appeals upholding an immigration judge s denial of withholding of removal. Because we are bound by opinions of earlier panels, see Gaitan v. Holder, 671 F.3d 678, 681 (8th Cir. 2012), we are foreclosed from reconsidering this court s determination that the group Berganza proposed was not cognizable as a particular social group for purposes of withholding of removal, see De Castro-Gutierrez v. Holder, 713 F.3d 375, 380 (8th Cir. 2013) (to qualify for withholding of removal, alien must show that there is clear probability that his life or freedom will be threatened in country to which he is being removed because of, among other things, his membership in particular social group). The petition for review is denied. See 8th Cir. R. 47B. ______________________________ -2-

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