Fatima Coreas-Chavez v. Merrick Garland, No. 21-2900 (8th Cir. 2022)
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Petitioners natives and citizens of El Salvador, petition for review of the Board of Immigration Appeals’ (BIA) denial of Petitioners’ motion to reconsider the BIA’s prior order, which upheld the immigration judge’s (IJ) decision finding the Petitioners removable and denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT)
The Eighth Circuit denied the petition. The court explained that here, in denying Petitioners’ motion to reconsider, the BIA reaffirmed its previous finding that Petitioners have not persuasively shown any error of law or fact in our prior decision to establish that the Salvadoran government would be unable or unwilling to control the individuals they fear. In their petition for review, Petitioners do not meaningfully argue that the BIA erred in reaching this conclusion and have accordingly waived any challenge to such a finding. Thus, Petitioners cannot show that they suffered persecution and their claims for relief necessarily fail.
Court Description: [Shepherd, Author, with Gruender and Erickson, Circuit Judges] Petition for Review - Immigration. The BIA found, in denying petitioners' motion to reconsider, that they had not persuasively shown any error of law or fact in the BIA's prior decision to establish that the Salvadoran government would be unable or unwilling to control the individuals they fear; in their petition for review, the petitioners do not meaningfully argue that the BIA erred in reaching his conclusion and have waived any challenge to the finding, as a result they cannot show they suffered persecution and their claims for relief necessarily fail.
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