Lopez-Coronado De Lopez v. Sessions, No. 16-4457 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit denied the petitions for review of the BIA's order denying petitioner's applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner, on behalf of herself and her son, claimed that her husband and a male neighbor have persecuted her on account of her membership in a particular social group as a Guatemalan woman, and will persecute her again if she returns to Guatemala. The court held that petitioner failed to establish that she suffered past persecution and that she did not have a well-founded fear of future persecution. The court explained that persecution was an extreme concept and minor beatings from her husband did not amount to persecution. Furthermore, the harassment and threats from her neighbor also did not cross the threshold to constitute persecution. Finally, petitioner has not demonstrated an entitlement to relief under the Convention Against Torture, because the record did not show more likely than not that she would be subjected to torture in Guatemala.
Court Description: Colloton, Author, with Loken and Murphy, Circuit Judges] Petition for Review - Immigration. The incidents relied upon by petitioner did not establish past persecution; the BIA did not err in determining petitioner had not established a well-founded fear of future persecution from either her husband or a neighbor; having failed to establish a basis for granting asylum, petitioner cannot meet the higher standards for withholding of removal; CAT relief was properly denied as petitioner had not shown it was more likely than not that she would be subjected to torture if she returned to Guatemala.
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