72 F.4th 852
8th Cir.2023Background
- Uriostegui-Teran, a Mexican rancher, conceded removability and applied for asylum, withholding of removal, and CAT protection after entering the U.S.
- He reported multiple criminal threats at home in Mexico: two uncles kidnapped for ransom, extortion threats, photos of his family home with extortion demands, a car chase in which he fired at pursuers, and death threats to his family.
- He sought police help on several occasions; police sometimes promised help or provided an escort but ultimately were unable to prevent harm.
- He alleged persecution on account of multiple proposed "particular social groups" (ranchers/landowners/business owners and their families; named family groups; families of kidnapping/extortion victims; "Deported Americanized Mexicans/ponchos").
- The IJ denied asylum, withholding, and CAT relief; the BIA adopted the IJ’s decision and dismissed his appeal.
- Uriostegui-Teran petitioned for review to the Eighth Circuit, which denied his petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction (NTA missing date/time) | Notice to Appear lacked hearing date/time, so BIA lacked jurisdiction | Ali v. Barr forecloses this challenge | Rejected—argument foreclosed by precedent |
| Social-group cognizability for asylum/withholding | Member of multiple social groups (ranchers/landowners/business owners, families, named families, victims, deportees) | Proposed groups not "particular social groups": lack social distinction and/or particularity | Held not cognizable; asylum/withholding denied; nexus not reached |
| CAT relief (government acquiescence) | Mexican police/government effectively acquiesce to gang violence due to infiltration; likelihood of torture if returned | Police offered assistance in some incidents; general reports of infiltration insufficient to show likely acquiescence | Substantial evidence supports denial of CAT relief; no showing of acquiescence |
Key Cases Cited
- Rivera Menjivar v. Garland, 27 F.4th 638 (8th Cir. 2022) (standard of review for asylum/withholding/CAT)
- Ngugi v. Lynch, 826 F.3d 1132 (8th Cir. 2016) (particular social group legal standard)
- Ali v. Barr, 924 F.3d 983 (8th Cir. 2019) (NTA date/time jurisdiction issue)
- Malonga v. Mukasey, 546 F.3d 546 (8th Cir. 2008) (withholding clear-probability standard)
- Davila-Mejia v. Mukasey, 531 F.3d 624 (8th Cir. 2008) (social visibility/social distinction requirement)
- Bernal-Rendon v. Gonzales, 419 F.3d 877 (8th Cir. 2005) (nuclear family can be a social group)
- Constanza v. Holder, 647 F.3d 749 (8th Cir. 2011) (family-based group lacking particularity)
- Matul-Hernandez v. Holder, 685 F.3d 707 (8th Cir. 2012) (social distinction requirement)
- Ramirez-Peyro v. Holder, 574 F.3d 893 (8th Cir. 2009) (government acquiescence requires more than awareness)
- Marroquin-Ochoma v. Holder, 574 F.3d 574 (8th Cir. 2009) (weak law enforcement alone does not show acquiescence)