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Wagner Monterroso Divas v. Jefferson B. Sessions, III
699 F. App'x 586
| 8th Cir. | 2017
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Docket

*1 Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges.

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PER CURIAM.

Wagner A. Monterroso Divas challenges the Board of Immigration Appeals denial of withholding of removal. Having jurisdiction under 8 U.S.C. § 1252(a), this court denies the petition for review.

Divas argues that as a former pharmaceutical delivery driver, he is a member of a discrete social group in Guatemala. See 8 U.S.C. § 1231(b)(3)(A). This court declines to reach that issue but addresses an alternative, independently sufficient reason the Board of Immigration Appeals ruled against him: he did not prove the persecution he claims to have suffered at the hands of gang members was attributable to the Guatemalan government. See, e.g. , Menjivar v. Gonzales , 416 F.3d 918, 921 (8th Cir. 2005) (“The BIA has adopted, and we have approved as reasonable, a definition of ‘persecution’ that requires a harm to be inflicted either by the government of a country or by persons or an organization that the government was unable or unwilling to control.” (quotation and brackets omitted)).

The petition for review is denied.

______________________________

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Case Details

Case Name: Wagner Monterroso Divas v. Jefferson B. Sessions, III
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Oct 30, 2017
Citation: 699 F. App'x 586
Docket Number: 17-1089
Court Abbreviation: 8th Cir.
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