Petitioner sought withholding of removal, claiming he feared persecution due to his family membership, alleging that an uncle had been kidnapped and extorted while a cousin was killed for refusing extortion demands from gangs in Mexico. The Immigration Judge ruled that, although petitioner’s family constituted a cognizable particular social group, he failed to show that his membership would be a central reason for his persecution or that Mexican authorities were unwilling or unable to help him.
Where petitioner’s evidence demonstrated that gangs in Mexico targeted individuals based on their wealth rather than their family membership and that petitioner had family members untargeted by gangs, he failed to show a likelihood of persecution on account of his family membership.
Petition is denied.
Garcia v. Barr (MLW No. 74270/Case No. 18-3378 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Petition for Review of an Order of the Board of Immigration Appeals. (Lazara Pittman of Iowa City, IA for petitioner) (Kristen A. Giuffreda Chapman, USDOJ, OIL, of Washington, DC for respondent)