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Rivera-Barrera v. Holder

Selvin Gerardo RIVERA-BARRERA, Petitioner v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent

Rivera-Barrera v. Holder, 322 F. App'x 375 (5th Cir. 2009)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
April 15, 2009
Docket
No. 08-60426
Judges
King, Dennis, Owen
Citations
322 F. App'x 375
Status
Unpublished

Opinion — Per Curiam

PER CURIAM:

* Selvin Gerardo Rivera-Barrera, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (BIA) affirming the immigration judge’s (IJ) decision denying his application for asylum and withholding of removal. Rivera-Barrera avers that he will be persecuted on account of his membership in social group consisting of young Guatemalan males targeted by gangs for recruitment.

We review the BIA’s determination that an alien is not entitled to asylum or withholding of removal for substantial evidence and will not reverse the BIA’s decision unless the evidence compels a contrary conclusion.

Chen v. Gonzales, 470 F.3d 1131, 1134 (5th Cir.2006). To obtain asylum, an applicant must demonstrate “persecution or a well-founded fear of persecution” on the basis of race, religion, *376 nationality, membership in a particular social group, or political opinion.

Efe v. Ashcroft, 293 F.3d 899, 904 (5th Cir.2002) (quoting 8 U.S.C. § 1101 (a)(42)(A) (2000)). The standard for obtaining withholding of removal is even higher, requiring a showing that it is more likely than not that the applicant’s life or freedom would be threatened by persecution on one of those grounds.

Id.

at 906 .

The BIA did not err in determining that Rivera-Barrera failed to demonstrate that he was a member of a particular social group entitled to protection. His contention that as a young Guatemalan male, he is a member of a social group targeted by gangs for recruitment is overly broad and does not establish a meaningful basis for distinguishing him from other people.

See Perez-Molina v. Gonzales, 193 Fed.Appx. 313, 314 (5th Cir.2006);

Sanchez-Trujillo v. INS, 801 F.2d 1571, 1576-77 (9th Cir.1986). Accordingly, there is substantial evidence to support the BIA’s denial of asylum and withholding of removal.

See Zhang v. Gonzales, 432 F.3d 339, 344 (5th Cir .2005)

The petition for review is DENIED.

* Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2009: 12010: 12012: 12014: 120092026peak 2009 · 1

Relies on it most ⓘ

  1. Jose Orellana-Monson v. Eric Holder, Jr.685 F.3d 511 (5th Cir. 2012)
  2. Cua-Tumax v. Holder343 F. App'x 995 (5th Cir. 2009)
  3. Victor De Leon-Saj v. Eric Holder, Jr.583 F. App'x 429 (5th Cir. 2014)
  4. Blanca Flores-Vasquez v. Eric Holder, Jr.384 F. App'x 413 (5th Cir. 2010)

Most recent

  1. Victor De Leon-Saj v. Eric Holder, Jr.583 F. App'x 429 (5th Cir. 2014)
  2. Jose Orellana-Monson v. Eric Holder, Jr.685 F.3d 511 (5th Cir. 2012)
  3. Blanca Flores-Vasquez v. Eric Holder, Jr.384 F. App'x 413 (5th Cir. 2010)
  4. Cua-Tumax v. Holder343 F. App'x 995 (5th Cir. 2009)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Efe v. Ashcroft, 293 F.3d 899 (5th Cir. 2002) 632
Xue Zhen Chen v. Gonzales, 470 F.3d 1131 (5th Cir. 2006) 597
Yi Wu Zhang v. Gonzales, 432 F.3d 339 (5th Cir. 2005) 536
Sanchez-Trujillo v. Immigration & Naturalization Serv., 801 F.2d 1571 (9th Cir. 1986) 227
Perez-Molina v. Gonzales, 193 F. App'x 313 (5th Cir. 2006) 6

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