Baltti v. Sessions, No. 16-1037 (8th Cir. 2017)
Annotate this CasePetitioner, a native of Ethiopia and a former government official, petitioned for review of the BIA's denial of his application of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). When petitioner attempted to narrow his social group, the Eighth Circuit held that it lacked jurisdiction to consider such arguments not clearly made before the agency. The court also held that petitioner did not experience past persecution on account of his political opinion, and his fear of future persecution was not objectively reasonable. Consequently, petitioner failed to meet the higher burden of proof required for withholding of removal. Therefore, the court denied the petition for review.
Court Description: Riley, Author, with Beam, Circuit Judge, and Rossiter, District Judge] Petition for review - Immigration. In his petition for review petitioner attempts to narrow his social group from that presented in his appeal to the BIA, and the court does not have jurisdiction to review this newly defined social group; the harms petitioner points to as evidence of past persecution do not compel the finding he experienced past persecution; petitioner has failed to show why rather dated events provide an objectively reasonable basis for a present fear of particularized persecution if he returned to Ethiopia; because petitioner failed to meet his burden of proof with respect to his asylum claim, he necessarily fails to meet the higher burden of proof required for withholding of removal.
The court issued a subsequent related opinion or order on December 19, 2017.
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