De La Rosa Garcia v. Barr, No. 18-3378 (8th Cir. 2019)
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The Eighth Circuit denied petitions for review of the BIA's decision affirming the IJ's denial of petitioner's application of withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (INA). The court held that substantial evidence supported the finding that petitioner failed to establish a clear probability that he would suffer persecution in Mexico on account of his membership in the de la Rosa family. Therefore, the court found that the IJ and the BIA did not err in denying petitioner's application for withholding of removal.
Because the IJ and the BIA did not err in finding that petitioner failed to show a likelihood of persecution on account of membership in a particular social group, the court need not address the argument that the IJ and the BIA erred in finding that petitioner failed to establish that the Mexican government is unable or unwilling to protect him.
Court Description: Shepherd, Author, with Loken and Stras, Circuit Judges] Petition for review - Immigration. Substantial evidence supported the agency's finding that petitioner failed to establish that his membership in his stated particular social group would be a central reason why he would be targeted for persecution, and the agency did not err in denying petitioner's application for withholding of removal; in light of this determination, the court need not reach petitioner's argument that the agency erred in finding the Mexican government is unable or unwilling to protect him.
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