Mynor Quinonez-Perez v. Eric H. Holder, Jr., 635 F.3d 342

Quiñonez-Perez, Guatemalan native, seeks asylum, withholding, and CAT relief after threats against him and his family due to union activity.
His brother was kidnapped and beaten; a friend was murdered by officials opposed to the union, prompting Quiñonez-Perez to move within Guatemala and then to the U.S. in 1990.
He entered the United States without inspection in 1990 and filed asylum in 1992; he later pursued updated asylum and other relief in 2007 before the IJ.
The IJ credited his credibility but concluded the harms did not establish asylum, and the BIA adopted and supplemented the IJ’s reasoning.
The BIA denied relief and ordered voluntary departure; this court stayed removal temporarily in 2009.
The panel reviews the IJ/BIA findings for substantial evidence and whether the evidence could compel a different result.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether past persecution was established.	Quiñonez-Perez argues past harm in Guatemala City shows persecution.	Gonzales contends evidence insufficient to show persecution tied to persecution pattern.	Not established; substantial evidence supports no past persecution in Guatemala City.
Whether relocation to another part of Guatemala could avoid future persecution.	Quiñonez-Perez contends relocation is not reasonably feasible to avoid harm.	Government shows relocation could avoid persecution and is reasonable.	Relocation would have been a reasonable option; presumption of future persecution rebutted.
Whether the standard for withholding of removal and CAT relief is met.	Quiñonez-Perez asserts likelihood of future persecution on account of protected grounds.	Evidence shows no clear probability of threat if removed; CAT likewise unlikely.	IJ/BIA findings are supported; withholding and CAT relief denied.

Chen v. Mukasey, 510 F.3d 797 (8th Cir. 2007) (when BIA adopts IJ, review both decisions for substantial-evidence support)
Bernal-Rendon v. Gonzales, 419 F.3d 877 (8th Cir. 2005) (persecution standard and well-founded fear standards; threshold review)
Pavlovich v. Gonzales, 476 F.3d 613 (8th Cir. 2007) (well-founded fear must be subjectively genuine and objectively reasonable)
Shoaira v. Ashcroft, 377 F.3d 837 (8th Cir. 2004) (extreme concept of persecution defined)
Bushira v. Gonzales, 442 F.3d 626 (8th Cir. 2006) (burden shift when past persecution is shown for asylum standard)
Malonga v. Mukasey, 546 F.3d 546 (8th Cir. 2008) (withholding standard is more onerous than asylum)