Gomez-Rivera v. Sessions, No. 17-1653 (8th Cir. 2018)Annotate this Case
The Eighth Circuit denied a petition for review of the BIA's decision upholding the IJ's denial of petitioner's applications for asylum and withholding of removal. The court held that the IJ and BIA applied the correct legal standard in requiring petitioner to show his social group or political opinion was the predominant reason for the persecution. The court held that petitioner's asylum claim failed because the evidence did not compel a finding that petitioner was persecuted on account of his social group or political opinion. Likewise, petitioner's application for withholding of removal also failed. In this case, a reasonable factfinder could conclude that gangs were targeting petitioner for general recruitment purposes and his relationship to his father, a former policeman, was merely "incidental or tangential" to that goal.