Fuentes-Erazo v. Sessions, No. 15-3149 (8th Cir. 2017)
Annotate this CasePetitioner and her infant son, natives and citizens of Honduras, seek review of the BIA's order dismissing their appeal of the IJ's decision denying asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court concluded that substantial evidence supports the BIA's determination that petitioner failed to establish that she was or will be persecuted on account of a protected ground. In this case, petitioner identified her proposed particular social group as Honduran women in domestic relationships who are unable to leave their relationships. Petitioner testified, however, that she was able to leave her abusive relationship and reside in Honduras safely for approximately five years. The court also concluded that petitioner failed to establish that she would be tortured if she were to return to Honduras and that the Honduran government was aware of the abuse, much less consented to the conduct. Accordingly, the court denied the petition for review.
Court Description: Wollman, Author, with Smith and Colloton, Circuit Judges] Petition for Review - Immigration. Petitioner's own evidence showed that she was able to leave an abusive relationship and live safely in Honduras for five years and the BIA did not err in finding she failed to demonstrate that she was a member of her proposed particular social group - Honduran women in domestic relationships who are unable to leave their relationships - and that she was ineligible for asylum or withholding of removal; further, she failed to show a likelihood that she would be tortured if she were returned to Honduras and that the torture would be inflicted with the consent or acquiescence of a public official.
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