Miranda v. Sessions, No. 17-1430 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit denied a petition for review of the BIA's order reversing an IJ's decision to grant petitioner withholding of removal. The court held that petitioner's proposed social group consisting of "former taxi drivers from Quezaltepeque who have witnessed a gang murder" did not constitute a cognizable particular social group. The court reasoned that the proposed social group would not be perceived, considered or recognized by Salvadoran society to be a distinct social group. In this case, petitioner failed to show that he would experience future persecution on account of a protected ground and therefore he was not entitled to withholding of removal.
Court Description: Wollman, Author, with Colloton and Benton, Circuit Judges] Petition for Review - Immigration. The BIA did not err in reversing the IJ's grant of withholding of removal on the ground petitioner's proposed particular social group - former taxi drivers from Quezaltepeque, Guatemala who have witnessed a gang murder - was not cognizable; petitioner failed to present evidence that individuals who met the description would be perceived, considered or recognized by Salvadoran society to be a distinct social group; as he was unable to establish a cognizable particular social group, petitioner cannot show that any past or future persecution would be on account of a protected ground, and he was not entitled to withholding of removal.
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