Castillo-Gutierrez v. Lynch, No. 14-2481 (8th Cir. 2016)
Annotate this CasePetitioner, a native of Nicaragua, sought review of the BIA's affirmance of the IJ's denial of asylum, denial of withholding of removal, and withholding under the Convention Against Torture (CAT). Petitioner claimed that he should not be returned to Nicaragua because his brother was brutally murdered by local police and returning to Nicaragua would place him in grave danger from persecution by those responsible for his brother's death. The court concluded that petitioner's fear of persecution is speculative, even if he increased his public accusation of the police, and that petitioner's evidence of Nicaraguan human-rights practices do not compel a contrary conclusion. Further, the BIA properly rejected petitioner's claims for withholding of removal and withholding under the CAT because petitioner failed to satisfy the legal requirements of asylum and has presented no alternative factual basis for relief under the CAT. Accordingly, the court denied the petition for review.
Court Description: Smith, Author, with Murphy and Melloy, Circuit Judges] Petition for Review - Immigration. The BIA did not err in determining that petitioner did not have an objectively reasonable fear of future persecution if he returned to Nicaragua and did not err in denying his requests for asylum, withholding of removal and Convention Against Torture relief.
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