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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Immigration: Removal Proceedings-Asylum-Withholding of Removal

Immigration: Removal Proceedings-Asylum-Withholding of Removal

Petitioners sought review of the BIA’s decision issuing a final order of removal. Petitioners challenged the BIA’s determination that they failed to meet their burden of proof for asylum and withholding of removal. Petitioners had sought protection under the Convention Against Torture, alleging that their husband/father had an affair with the wife of a gang leader and was killed for it. Petitioners further alleged that they were threatened to leave Honduras immediately and that the gang leader subsequently shot at one of the petitioners.

Where petitioners’ fear was based on a personal dispute with the gang leader that lacked any nexus with a protected social group, the BIA correctly determined that petitioners were not entitled to withholding of removal.

Petition is denied.

Martinez-Matute v. Garland (MLW No. 79855/Case No. 22-1678 – 9 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Petition for review of an order of the Board of Immigration Appeals.


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