Juan Cristobal-Leon v. Eric Holder, Jr., 510 F. App'x 397

Cristobal-Leon, a Guatemala native, entered the United States illegally in 1992 and faced removal proceedings begun in 2007 after GED detention for driving with a suspended license.
He applied for asylum, withholding of removal, and CAT relief in 2009 based on fear of persecution for political/gang-related reasons and potential recruitment into gangs.
The IJ deemed his asylum application untimely but found him credible, and denied withholding and CAT relief.
The Board affirmed, agreeing asylum was untimely and denying withholding and CAT relief.
The court lacks jurisdiction to review the asylum denial but has jurisdiction over withholding and CAT claims, reviewed for substantial evidence.
The central issue is whether Cristobal-Leon is eligible for withholding of removal or CAT relief based on past persecution or future fear.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether asylum denial is reviewable	Cristobal-Leon: asylum untimely; challenge to timeliness.	Respondents: timeliness bar valid; jurisdiction to review asylum denial is limited.	No jurisdiction to review asylum denial on timeliness.
Whether withholding of removal is supported by substantial evidence	Cristobal-Leon: past threats/fear show persecution or well-founded fear grounded in protected status.	Board/IJ: no past persecution or well-founded fear shown; no protected-ground nexus.	Board's denial upheld; substantial evidence supports denial.
Whether CAT relief is warranted based on likelihood of torture with government acquiescence	Cristobal-Leon: potential for torture upon return due to gang threats.	State officials not sufficiently complicit; insufficient likelihood of torture.	Denied; no MORE than likely torture with acquiescence; Board/IJ findings sustained.

Castellano-Chacon v. INS, 341 F.3d 533 (6th Cir. 2003) (review restrictions for asylum petitions and timeliness.)
INS v. Cardoza-Fonseca, 480 U.S. 421 (1987) (clear probability standard for withholding of removal.)
Singh v. Ashcroft, 398 F.3d 396 (6th Cir. 2005) (jurisdiction and review standards for removal proceedings.)
Khozhaynova v. Holder, 641 F.3d 187 (6th Cir. 2011) (definition of well-founded fear and standard for CAT.)
Vasha v. Gonzales, 410 F.3d 863 (6th Cir. 2005) (framework for political/nationality-based persecution analysis.)
Gumbol v. INS, 815 F.2d 406 (6th Cir. 1987) (persecution analysis in the Guatemalan context.)
Kante v. Holder, 634 F.3d 321 (6th Cir. 2011) (social-group specificity requirement.)
Rreshpja v. Gonzales, 420 F.3d 551 (6th Cir. 2005) (group membership not satisfied by generalized threats.)
Rivera-Barrientos v. Holder, 658 F.3d 1222 (10th Cir. 2011) (perceived wealth not a protected social group.)
Lopez-Castro v. Holder, 577 F.3d 49 (1st Cir. 2009) (wealth-based group insufficient for asylum/withholding.)
Ucelo-Gomez v. Mukasey, 509 F.3d 70 (2d Cir. 2007) (definition of protected grounds in asylum context.)
Mostafa v. Ashcroft, 395 F.3d 622 (6th Cir. 2005) (standard for substantial-evidence review of Board determinations.)