Mejia-Ramos v. Barr, No. 18-1911 (8th Cir. 2019)
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The Eighth Circuit denied a petition for review of the BIA's denial of petitioner's request for asylum and/or withholding removal. The court held that substantial evidence supported the BIA's finding that petitioner failed to establish that she suffered past persecution. In this case, although petitioner experienced the tragic loss of her father and brother, her family's disappearance without explanation did not rise to the level of persecution. Rather, the evidence established that her father and brother's kidnappings were the result of criminal activity in the area by persons seeking wealth.
The court also held that substantial evidence supported the BIA's finding that petitioner's stated fears of future persecution were not objectively reasonable where her family continues to reside in Honduras unharmed. Finally, substantial evidence supported the BIA's denial of withholding removal.
Court Description: Beam, Author, with Colloton and Shepherd, Circuit Judges] Petition for Review - Immigration. The IJ and BIA did not err in determining that petitioner failed to meet her burden of establishing past persecution or a well-founded fear of future persecution on a protected claim and did not err in denying her asylum request; having failed to establish her claim for asylum, petitioner necessarily failed to meet the more stringent standard for withholding of removal.
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