History
  • No items yet
midpage
Henry Diaz-Garcia v. Jefferson B. Sessions, III
698 F. App'x 322
| 8th Cir. | 2017
|
Check Treatment
|
Docket

*1 Before WOLLMAN, BOWMAN, and COLLOTON, Circuit Judges.

____________

PER CURIAM.

*2 Guatemalan citizen Henry Estuardo Diaz-Garcia petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from the decision of an immigration judge (IJ), which denied him withholding of removal and relief under the Convention Against Torture (CAT). Diaz-Garcia sought immigration [1]

relief based on his religion and on his membership in the proposed particular social group “Guatemalans who have rejected gang recruitment as youth and have fled the country and cannot return.” After careful consideration, we conclude that substantial evidence supports the denial of withholding relief, because: (1) Diaz-Garcia’s proposed social group is not cognizable; and (2) the record does not compel the conclusion that the gang members who beat and threatened Diaz-Garcia when he refused their recruitment efforts did so for any reason other than to increase their numbers, rather than on account of his religion or any other protected ground. See De Castro-Gutierrez v. Holder , 713 F.3d 375, 379-80 (8th Cir. 2013) (standard of review; enumerated grounds for immigration relief); Ortiz-Puentes v. Holder , 662 F.3d 481, 483-84 (8th Cir. 2011).

We further conclude that substantial evidence supports the agency’s denial of CAT relief, because Diaz-Garcia did not show that he was tortured, or would more likely than not be tortured by the Guatemalan government, or people acting on the government’s behalf, if he returned. See De Castro-Gutierrez , 713 F.3d at 381. Accordingly, the petition is denied. See 8th Cir. R. 47B.

______________________________

[1] The IJ’s determination that Diaz-Garcia’s asylum claim was time-barred is not before this panel. -2-

Case Details

Case Name: Henry Diaz-Garcia v. Jefferson B. Sessions, III
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Oct 11, 2017
Citation: 698 F. App'x 322
Docket Number: 16-4385
Court Abbreviation: 8th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.