Jimenez Galloso v. Barr, No. 18-2812 (8th Cir. 2020)
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The Eighth Circuit denied the petition for review of the BIA's decision denying petitioner's applications for asylum and withholding of removal. The court held that petitioner failed to establish a well-founded fear of future persecution under the unable-and-unwilling standard. In this case, based on the country reports and her own testimony that she did not and would not contact the Mexican police, the court held that petitioner failed to show that the Mexican government is unable or unwilling to protect her.
Furthermore, even assuming petitioner's asylum application was timely, the court found no basis for granting her petition for review as she did not show a well-founded fear of future persecution. Finally, even assuming "Mexican females" is a cognizable social group and that petitioner is a member of both the "Mexican females" and "unable to leave" groups, the court found that she failed to meet her burden of proving future persecution and is thus not entitled to relief.
Court Description: [Kelly, Author, with Gruender and Erickson, Circuit Judges] Petition for Review - Immigration. Petitioner failed to show that the Mexican government was unable or would be unwilling to control her alleged persecutors, and the agency did not err in denying her application for asylum for failure to establish a well-founded fear of future persecution under the unable-and-unwilling standard; having failed to meet her burden of proof for asylum, petitioner cannot show she meets the more rigorous standard for withholding of removal; the court lacks jurisdiction to review the BIA's determination that her asylum application was untimely.
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