Davila-Mejia v. Mukasey, 531 F.3d 624 (8th Cir. 2008). · Go Syfert
Davila-Mejia v. Mukasey, 531 F.3d 624 (8th Cir. 2008). Cases Citing This Book View Copy Cite
118 citation events (118 in the last 25 years) across 10 distinct courts.
Strongest positive: Cesar Pacheco-Mota v. Merrick B. Garland (ca8, 2023-10-18)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Cesar Pacheco-Mota v. Merrick B. Garland
8th Cir. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
etitioners here failed to establish that their status as 'competing family business owners' gave them sufficient social visibility to be perceived as a group by society.
discussed Cited as authority (verbatim quote) Efren Uriostegui-Teran v. Merrick Garland
8th Cir. · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
etitioners here failed to establish that their status as 'competing family business owners' gave them sufficient social visibility to be perceived as a group by society.
discussed Cited as authority (verbatim quote) Dina R. Gomez De Sandoval v. U.S. Attorney General
11th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
nder bia precedent, the term 'family business owner' is too amorphous to adequately describe a social group.
discussed Cited as authority (verbatim quote) Noel Malonga v. Michael B. Mukasey (2×) also: Cited "see, e.g."
8th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
family business owners
discussed Cited as authority (rule) Roxana Quijano-Duran v. Pamela Bondi
8th Cir. · 2026 · confidence medium
“To qualify for asylum, the burden is on the applicant to establish that he or she is a refugee as defined in the statute.” Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir. 2008), citing 8 C.F.R. § 1208.13 (a). 1.
discussed Cited as authority (rule) Eva Alvizures-Ramirez v. Pamela Bondi
8th Cir. · 2025 · confidence medium
Discussion “We review the BIA’s decision, as it is the final agency decision; however, to the extent that the BIA adopted the findings or the reasoning of the IJ, we also review the IJ’s decision as part of the final agency action.” Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir. 2008).
discussed Cited as authority (rule) Donis-Hernandez de Cabrera v. Garland
1st Cir. · 2024 · confidence medium
We therefore cannot conclude that the IJ's determination that wealthy business owners in Guatemala are not a sufficiently distinct group was reversible error."); Macedo Templos, 987 F.3d at 882 (same); Carcamo Estrada v. Barr, 804 F. App'x 29 , 33 (2d Cir. 2020) (same); Betancourt-Aplicano v. Sessions, 747 F. App'x 279 , 283 (6th Cir. 2018) (same); Davila-Mejia v. Mukasey, 531 F.3d 624, 629 (8th Cir. 2008) (same).9 Before we move forward, we quickly dispense with one of 9 Petitioners' other arguments on the asylum front.
discussed Cited as authority (rule) Victor Paredes Gonzales v. Merrick B. Garland
8th Cir. · 2022 · confidence medium
Here, the BIA expressly adopted the IJ’s decision, so we “also review the IJ’s decision as part of the final agency action.” Galloso v. Barr, 954 F.3d 1189, 1191 (8th Cir. 2020) (quoting Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir. 2008)).
cited Cited as authority (rule) Jorge Ramos-Melendez v. Merrick B. Garland
8th Cir. · 2021 · signal: cf. · confidence medium
See Matul-Hernandez v. Holder, 685 F.3d 707, 712-13 (8th Cir. 2012); cf. Davila-Mejia v. Mukasey, 531 F.3d 624, 629 (8th Cir. 2008).
discussed Cited as authority (rule) Teresa Padilla-Franco v. Merrick B. Garland
8th Cir. · 2021 · confidence medium
“To overcome the BIA’s finding that [she] lacked a well-founded fear of persecution,” Padilla-Franco “must show the evidence -5- [she] presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” 1 Davila-Mejia v. Mukasey, 531 F.3d 624, 628 (8th Cir. 2008) (citation omitted).
discussed Cited as authority (rule) Fatima Fuentes v. William P. Barr (2×) also: Cited "see"
8th Cir. · 2020 · confidence medium
“An applicant for asylum may prove eligibility by establishing past persecution on account of one of the statutorily enumerated grounds, and if the applicant shows past persecution, he or she will be presumed to have a well-founded fear of future persecution.” Davila-Mejia v. Mukasey, 531 F.3d 624, 628 (8th Cir. 2008).
cited Cited as authority (rule) Ali Alzawed v. William P. Barr
8th Cir. · 2020 · confidence medium
Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir. 2008).
discussed Cited as authority (rule) Elvira Cano v. William P. Barr
8th Cir. · 2020 · confidence medium
“We review the BIA’s decision, as it is the final agency decision; however, to the extent that the BIA adopted the findings or the reasoning of the IJ, we also review the IJ’s decision as part of the final agency action.” Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir. 2008).
discussed Cited as authority (rule) Prudencia Jimenez Galloso v. William P. Barr
8th Cir. · 2020 · confidence medium
“We review the BIA’s decision, as it is the final agency decision; however, to the extent that the BIA adopted the findings or reasoning of the IJ, we also review the IJ’s decision as part of the final agency action.” Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir. 2008).
discussed Cited as authority (rule) Mario Mejia-Lopez v. William P. Barr
8th Cir. · 2019 · confidence medium
Discussion “We review the BIA’s decision, as it is the final agency decision; however, to the extent that the BIA adopted the findings or the reasoning of the IJ, we also review the IJ’s decision as part of the final agency action.” Degbe v. Sessions, 899 F.3d 651, 655 (8th Cir. 2018) (quoting Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir. 2008)).
discussed Cited as authority (rule) Francisco De La Rosa Garcia v. William P. Barr
8th Cir. · 2019 · confidence medium
“We review the BIA’s decision, as it is the final agency decision; however, to the extent that the BIA adopted the findings or reasoning of the IJ, we also review the IJ’s decision as part of the final agency action.” Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir. 2008).
discussed Cited as authority (rule) Damaris Pineda Pineda v. Jefferson B. Sessions, III
8th Cir. · 2018 · confidence medium
“We review the BIA’s decision, as it is the final agency decision; however, to the extent that the BIA adopted the findings or the reasoning of the [immigration judge], we also review the [immigration judge’s] decision as part of the final agency decision.” Mayemba v. Holder, 776 F.3d 542, 544 (8th Cir. 2015) (quoting Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir. 2008)).
discussed Cited as authority (rule) Juan Jacinto-Vazquez v. Loretta E. Lynch
8th Cir. · 2017 · confidence medium
See De Castro-Gutierrez v. Holder, 713 F.3d 375, 381-82 (8th Cir. 2013) (standard for granting CAT relief); Davila-Mejia v. Mukasey, 531 F.3d 624, 627, 629 (8th Cir. 2008) (standard of review; withholding requirements).
discussed Cited as authority (rule) Gerakl Pavlovich Chakhov v. Loretta E. Lynch
8th Cir. · 2016 · confidence medium
“We review the BIA’s decision, as it is the final agency decision; however, to the extent that the BIA adopted the findings or the reasoning of the lJ, we also review the IJ’s decision as part of the final agency action.” Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir. 2008).
discussed Cited as authority (rule) Ruben Cambara-Cambara v. Loretta E. Lynch
8th Cir. · 2016 · confidence medium
As we said in Davila-Mejia v. Mukasey, 531 F.3d 624, 629 (8th Cir.2008), “[t]here is no record evidence that petitioners’ mistreatment [here, by Maras 18 gang members] and being robbed and extorted are associated with petitioners being members of a social group identifiable as ‘family business owners.’ ” Finally, that the Cambaras each left daughters in Guatemala, and Ruben sent two others back to visit, undermines the claim that they fear family members will be targeted on account of family status.
cited Cited as authority (rule) Carlos Lucas v. Loretta E. Lynch
8th Cir. · 2016 · confidence medium
Davila-Mejia v. Mukasey, 531 F.3d 624, 628 (8th Cir. 2008).
discussed Cited as authority (rule) Eliu Cinto-Velasquez v. Loretta E. Lynch
8th Cir. · 2016 · confidence medium
And, like the respondents in Davila-Mejia v. Mukasey, he presented no evidence “that wealthy Guatemalans were recognized as a group that is at a greater risk of crime in general or of extortion or robbery in particular.” 531 F.3d 624, 628 (8th Cir.2008). *607 3.
discussed Cited as authority (rule) Felix Cruz-Perez v. Loretta E. Lynch
8th Cir. · 2016 · confidence medium
Guatemalan citizen Felix De La Cruz-Perez petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from the decision of an immigration judge denying him withholding of removal and protection under the Convention Against Torture. 1 After careful consideration, we conclude that sub *268 stantial evidence on the record as a whole supports the finding that Cruz-Perez failed to show (1) a clear probability that his life or freedom would be threatened in Guatemala on account of any statutorily protected ground, see DavilA-Mejia v. Mukasey, 531 F.3d 624, 627, 629 (8t…
discussed Cited as authority (rule) Munna Godfrey v. Loretta E. Lynch
8th Cir. · 2016 · confidence medium
We review the BIA’s legal determinations de novo, but we accord “substantial deference to the BIA’s interpretation of the statutes and regulations it administers.” Spacek v. Holder, 688 F.3d 536, 538 (8th Cir.2012) (quoting Davilar-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir.2008)).
discussed Cited as authority (rule) Isabela Ortiz-Juarez v. Eric H. Holder, Jr.
8th Cir. · 2015 · confidence medium
Isabela Ortiz^Juarez, a native and citizen of Guatemala, petitions for review of *407 an order of the Board of Immigration Appeals (BIA) affirming an immigration judge’s denial of her application for asylum and withholding of removal. 2 After careful consideration of the record and the parties’ submissions, see Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir.2008), we deny the petition, because we conclude that substantial evidence supports the finding that Ortiz-Juarez failed.to establish past persecution, or a well-founded-fear of future persecution, on account of any protected groun…
discussed Cited as authority (rule) James Kanagu v. Eric H. Holder, Jr.
8th Cir. · 2015 · confidence medium
Kanagu does not appeal the BIA’s denial of CAT relief, and while he takes issue with the denial of his petition for withholding of removal, " '[t]he standard for withholding of removal, a clear probability of persecution, is more rigorous than the well-founded fear standard for asylum.' ” Davila-Mejia v. Mukasey, 531 F.3d 624, 629 (8th Cir.2008) (quoting Turay v. Ashcroft, 405 F.3d 663, 667 (8th Cir.2005)).
discussed Cited as authority (rule) Cyprian Mayemba v. Eric Holder, Jr.
8th Cir. · 2015 · confidence medium
Mayemba then petitioned for review of the BIA’s decision on his motion for reconsideration, and the two cases were consolidated. ‘We review the BIA’s decision, as it is the final agency decision; however, to the extent that the BIA adopted the findings or the reasoning of the IJ, we also review the IJ’s decision as part of the final agency decision.” Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir.2008).
discussed Cited as authority (rule) A-R-C-G
unknown court · 2014 · signal: cf. · confidence medium
Cf. Davila-Mejia v. Mukasey, 531 F.3d 624, 629 (8th Cir. 2008) (finding that competing family business owners are not a particular social group because they are not perceived as a group by society).
discussed Cited as authority (rule) Felix Somoza-Garcia v. Eric H. Holder, Jr.
8th Cir. · 2014 · confidence medium
“Membership in a particular social group ‘refer[s] to persons who hold an immutable characteristic, or common trait such as sex, color, kinship, or ... shared past experiences.’” Constanza v. Holder, 647 F.3d 749, 754 (8th Cir.2011) (alterations in original) (quoting Davila-Mejia v. Mukasey, 531 F.3d 624, 628 (8th Cir. 2008)). “[A] social group requires sufficient particularity and visibility such that the group is perceived as a cohesive group by society.” Id.
discussed Cited as authority (rule) Luis Antonio Garcia-Gonzalez v. Eric H. Holder, Jr.
8th Cir. · 2013 · confidence medium
“We review the BIA’s legal determinations de novo, but we accord ‘substantial deference to the BIA’s interpretation of the statutes and regulations it administers.’ ” Spacek v. Holder, 688 F.3d 536, 538 (8th Cir.2012) (quoting Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir.2008)).
discussed Cited as authority (rule) Juan Martinez Carcamo v. Eric H. Holder, Jr.
8th Cir. · 2013 · confidence medium
We will also review, as part of the agency’s final action, the IJ’s decision “to the extent that the [Board] adopted the findings or the reasoning of the IJ.” Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir.2008).
discussed Cited as authority (rule) Carlos Manuel Calles Quinteros v. Eric H. Holder, Jr.
8th Cir. · 2013 · confidence medium
“The group characteristic must be one ‘that the members of the group either cannot change, or should not be required to change because it is fundamental to their individual identities and consciences.’” Davil a-Mejia v. Mukasey, 531 F.3d 624, 628 (8th Cir.2008), quoting Acosta, 19 I. & N. [Dec.] at 233.
discussed Cited as authority (rule) Tay-Chan v. Holder
1st Cir. · 2012 · confidence medium
Accord: Orellana-Monson v. Holder, 685 F.3d 511, 519-20 (5th Cir.2012); Rivera-Barrientos v. Holder, 666 F.3d 641, 648-53 (10th Cir.2012); Al-Ghorbani v. Holder, 585 F.3d 980, 994 (6th Cir.2009); Ramos-Lopez v. Holder, 563 F.3d 855, 858-61 (9th Cir.2009); Davila-Mejia v. Mukasey, 531 F.3d 624, 628-29 (8th Cir.2008); Ucelo-Gomez v. Mukasey, 509 F.3d 70, 73 (2d Cir.2007) (per curiam). “[T]he BIA has described a social group as a group of persons sharing a common, immutable characteristic that makes the group socially visible and sufficiently particular.” Mendez-Barrera, 602 F.3d at 25 .
discussed Cited as authority (rule) Rojas-Perez v. Holder, Jr. (2×)
1st Cir. · 2012 · confidence medium
See Orellana-Monson v. Holder, 685 F.3d 511, 519-20 (5th Cir. 2012); Rivera-Barrientos v. Holder, 666 F.3d 641, 648 (10th Cir. 2012); Al-Ghorbani v. Holder, 585 F.3d 980, 991, 994 (6th Cir. 2009); Ramos-Lopez v. Holder, 563 F.3d 855, 858-62 (9th Cir. 2009); Davila-Mejia v. Mukasey, 531 F.3d 624, 628-29 (8th Cir. 2008); Ucelo-Gomez v. Mukasey, 509 F.3d 70, 73-74 (2d Cir. 2007) (per curiam); Castillo-Arias v. U.S. Att'y Gen., 446 F.3d 1190, 1197-98 (11th Cir. 2006).
discussed Cited as authority (rule) Mzenga Wanyama v. Eric H. Holder, Jr.
8th Cir. · 2012 · confidence medium
Wanyama now petitions for review pursuant to 8 U.S.C. § 1252 (b), arguing he is eligible for asylum under 8 U.S.C. § 1158 and renewing his due process claim. 1 “We review the BIA’s decision, as it is the final agency decision; however, to the extent that the BIA adopted the findings or reasoning of the IJ, we also review the IJ’s decision as part of the final agency action.” Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir.2008).
discussed Cited as authority (rule) Alfonso Hernandez v. Eric H. Holder, Jr.
8th Cir. · 2012 · confidence medium
The BIA adopted and affirmed the decision of the IJ, and Hernandez now seeks judicial review of the BIA’s determination solely as to the invalidity of his claimed social group. 1 *322 “We review the BIA’s decision, as it is the final agency decision; however, to the extent that the BIA adopted the findings or the reasoning of the IJ, we also review the IJ’s decision as part of the final agency action.” Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir.2008).
discussed Cited as authority (rule) Petr Spacek v. Eric H. Holder, Jr.
8th Cir. · 2012 · confidence medium
DISCUSSION “We review the BIA’s decision, as it is the final agency decision; however, to the *538 extent that the BIA adopted the findings or the reasoning of the IJ, we also review the IJ’s decision as part of the final agency action.” Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir.2008).
discussed Cited as authority (rule) Julio Matul-Hernandez v. Eric H. Holder, Jr. (2×)
8th Cir. · 2012 · confidence medium
Discussion A. Standard of Review “We review the BIA’s decision, as it is the final agency decision; however, to the extent that the BIA adopted the *711 findings or reasoning of the IJ, we also review the IJ’s decision as part of the final agency action.” Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir.2008) (citing Falaja v. Gonzales, 418 F.3d 889, 894 (8th Cir.2005)).
discussed Cited as authority (rule) Jose Orellana-Monson v. Eric Holder, Jr.
5th Cir. · 2012 · confidence medium
See Rivera-Barrientos v. Holder, 666 F.3d 641, 648 (10th Cir. 2012); Al-Ghorbani v. Holder, 585 F.3d 980, 991,994 (6th Cir. 2009); Ramos-Lopez v. Holder, 563 F.3d 855, 858-62 (9th Cir. 2009); Scatambuli v. Holder, 558 F.3d 53, 59-61 (1st Cir. 2009); Davila-Mejia v. Mukasey, 531 F.3d 624, 628-29 (8th Cir. 2008); Ucelo-Gomez v. Mukasey, 509 F.3d 70, 73-74 (2d Cir. 2007)(per curiam); Castillo-Arias v. U.S. Att’y Gen., 446 F.3d 1190, 1197-98 (11th Cir. 2006).
discussed Cited as authority (rule) Jose Orellana-Monson v. Eric Holder, Jr.
5th Cir. · 2012 · confidence medium
See Rivera-Barrientos v. Holder, 666 F.3d 641, 648 (10th Cir.2012); Al-Ghorbani v. Holder, 585 F.3d 980, 991, 994 (6th Cir.2009); Ramos-Lopez v. Holder, 563 F.3d 855, 858-62 (9th Cir.2009); Scatambuli v. Holder, 558 F.3d 53, 59-61 (1st Cir.2009); Davila-Mejia v. Mukasey, 531 F.3d 624, 628-29 (8th Cir.2008); Ucelo-Gomez v. Mukasey, 509 F.3d 70, 73-74 (2d Cir.2007) (per curiam); Castillo-Arias v. U.S. Att’y Gen., 446 F.3d 1190, 1197-98 (11th Cir.2006).
discussed Cited as authority (rule) Oscar Granados Gaitan v. Eric H. Holder, Jr. (2×)
8th Cir. · 2012 · confidence medium
To qualify for asylum under the Immigration and Nationality Act (INA), 8 U.S.C. § 1101 et seq., the burden is on Gaitan to show that he is a refugee, in other words, to show that he is a person who is outside the country of his nationality “ ‘who is unable or unwilling to return to, and is unable or unwilling to avail himself ... of the protection of, that country because of persecution or a well-founded fear or persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.’ ” Davila-Mejia v. Mukasey, 531 F.3d 624, 627-28 (8th Cir…
discussed Cited as authority (rule) Rivera-Barrientos v. Holder
10th Cir. · 2012 · confidence medium
See, e.g., Scatambuli v. Holder, 558 F.3d 53, 59 (1st Cir.2009); Davila-Mejia v. Mukasey, 531 F.3d 624, 629 (8th Cir.2008); Ucelo-Gomez v. Mukasey, 509 F.3d 70, 73 (2d Cir.2007); Arteaga v. Mukasey, 511 F.3d 940, 945 (9th Cir.2007); Castillo-Arias v. U.S. Att’y Gen., 446 F.3d 1190, 1197 (11th Cir.2006).
discussed Cited as authority (rule) Rivera Barrientos v. Holder
10th Cir. · 2012 · confidence medium
See, e.g., Scatambuli v. Holder, 558 F.3d 53, 59 (1st Cir. 2009); Davila-Mejia v. Mukasey, 531 F.3d 624, 629 (8th Cir. 2008); Ucelo-Gomez v. Mukasey, 509 F.3d 70, 73 (2d Cir. 2007); Arteaga v. Mukasey, 511 F.3d 940, 945 (9th Cir. 2007); Castillo-Arias v. U.S. Att’y Gen., 446 F.3d 1190, 1197 (11th Cir. 2006). -22- Rivera Barrientos also argues that, even if we apply the social visibility test, the BIA erred in finding her proposed social group does not meet this standard.
discussed Cited as authority (rule) Valdiviezo-Galdamez v. Attorney General of the United States (2×)
3rd Cir. · 2011 · confidence medium
See, e.g., Scatambuli v. Holder, 558 F.3d 53, 59-60 (1st Cir.2009); Ucelo-Gomez v. Mukasey, 509 F.3d 70, 74 (2nd Cir.2007); Davila-Mejia v. Mukasey, 531 F.3d 624, 629 (8th Cir.2008); Santos-Lemus v. Mukasey, 542 F.3d 738, 746 (9th Cir.2008); Castillo-Arias, 446 F.3d 1190, 1196 (11th Cir. 2006). [17] The government makes this contention despite its apparent concession to the contrary in Benitez Ramos, 589 F.3d at 430 , cited supra. [18] See Matter of Kasinga, Matter of Toboso-Alfonso, and Matter of Fuentes, discussed, supra. [19] Of course, the BIA must not only announce a "principled reason" f…
discussed Cited as authority (rule) Rivera Barrientos v. Holder
10th Cir. · 2011 · confidence medium
See, e.g., Scatambuli v. Holder, 558 F.3d 53, 59 (1st Cir.2009); Davila-Mejia v. Mukasey, 531 F.3d 624, 629 (8th Cir.2008); Ucelo-Gomez v. Mukasey, 509 F.3d 70, 73 (2d Cir.2007); Arteaga v. Mukasey, 511 F.3d 940, 945 (9th Cir.2007); Castillo-Arias v. U.S. Att’y Gen., 446 F.3d 1190, 1197 (11th Cir.2006).
cited Cited as authority (rule) Constanza v. Holder
8th Cir. · 2011 · confidence medium
Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir.2008).
cited Cited as authority (rule) Juan Velasquez-Lopez v. Eric H. Holder, Jr.
8th Cir. · 2011 · confidence medium
See Malonga v. Mukasey, 546 F.3d 546, 551-52 (8th Cir.2008); Davila-Mejia v. Mukasey, 531 F.3d 624, 628-29 (8th Cir. 2008).
discussed Cited as authority (rule) Shaghil v. Holder (2×)
8th Cir. · 2011 · confidence medium
“Persecution has been defined by this court as ‘the infliction or threat of death, torture, or injury to one’s person or freedom, on account of race, religion, nationality, membership in a particular social group, or political opinion.’ ” Litvinov v. Holder, 605 F.3d 548, 553 (8th Cir.2010) (quoting Davila-Mejia v. Mukasey, 531 F.3d 624, 628 (8th Cir.2008)).
discussed Cited as authority (rule) Litvinov v. Holder
8th Cir. · 2010 · confidence medium
Persecution has been defined by this court as “the infliction or threat of death, torture, or injury to one’s person or freedom, on account of race, religion, nationality, membership in a particular social group, or political opinion.” Davila-Mejia v. Mukasey, 531 F.3d 624, 628 (8th Cir.2008) (quotation omitted).
discussed Cited as authority (rule) Odsuren Tsedendamba v. Eric H. Holder Jr.
9th Cir. · 2010 · confidence medium
The proposed group is too broad and diverse, lacks “social visibility to be perceived as a group by society,” Davila-Mejia v. Mukasey, 531 F.3d 624, 629 (9th Cir. 2008), and has “neither a voluntary relationship nor an 3 innate characteristic to bond its members,” Ochoa v. Gonzales, 406 F.3d 1166, 1171 (9th Cir. 2005) (holding that Columbian business owners “who resist pressure from narco-traffickers to participate in illegal activity” is too broad to qualify as a particular social group).
Retrieving the full opinion text from the archive…
Mamerto DAVILA-MEJIA; Jefry Davila-Crispin; Yocisel Davila-Crispin; Bekyer Davila-Crispin; Aura Elizabeth Crispin-Vicente, Petitioners,
v.
Michael MUKASEY, Attorney General, Respondent
07-2567.
Court of Appeals for the Eighth Circuit.
Jul 7, 2008.
531 F.3d 624
Bart A. Chavez, Omaha, NE, for petitioners., Allen W. Hausman, Senior Litigation Counsel, Office of Immigration Litigation, Washington, DC, Peter D. Keisler, Assistant Attorney General, and Richard M. Evans, Assistant Director, on the brief, Washington, DC, for respondent.
Bye, Smith, Colloton.
Cited by 86 opinions  |  Published
SMITH, Circuit Judge.

Aura Elizabeth Crispin-Vicente, Mam-erto Davila-Mejia, Jefry Davila-Crispin, Yocisel Davila-Crispin, and Bekyer Davi-la-Crispin, natives and citizens of Guatemala, petition for review of an order of the Board of Immigration Appeals (BIA) affirming the immigration judge’s (IJ) denial of their applications for asylum and withholding of removal. We deny the petition for review.

I. Background

Petitioners, a family of five, entered the United States without inspection in June 2003. That same month, the Department of Homeland Security (DHS) commenced removal proceedings charging petitioners as aliens present without being admitted or paroled pursuant to section 212(a)(6)(A)(I) of the Immigration and Nationality Act (INA). Also in June 2003, petitioners applied for asylum based on their membership in a particular social group—competing family business owners.

The facts that underlie the asylum application are as follows. In December 1999, petitioners opened a bar in Guatemala. One year later, Francisco Paz-Perez opened a bar next door. Petitioners’ asylum claims involve Paz-Perez, their business competitor. According to testimony and the asylum application, the problems started in January 2001 when two of petitioners’ employees were beaten by Paz-Perez. After the employees reported the assault to the local authorities, Paz-Perez accused petitioner Crispin-Vicente of stealing money from one of Paz-Perez’s employees. Petitioner Crispin-Vicente was later found not guilty of these charges after a trial. During the time of these proceedings, Paz-Perez threatened petitioners claiming that he would ruin them financially, that the children would pay, and that he would kill Crispin-Vicente.

On October 18, 2001, petitioners received a letter from Paz-Perez threatening that if they did not pay him 50,000 quet-zales he would kidnap their children and burn their delivery truck. Petitioners testified that they reported this threat to the police and that the police said that they would investigate but did nothing.

Two months later, petitioner Davila-Me-jia was robbed and beaten by five masked men on the highway from Guatemala City to petitioner’s home in Peten. Davila-Mejia suffered similar assaults in February 2002, April 2002, September 2002, and December 2002. Davila-Mejia stated that he reported these incidents to the authori[*627] ties but they “never did anything.” Petitioners testified that Pa&-Perez was behind these attacks and they fear that, if removed to Guatemala, the problems would continue. Following these attacks, petitioners felt forced to close their business and Davila-Mejia found employment with a petroleum company. Petitioners subsequently left Guatemala.

On February 7, 2006, the IJ denied petitioners’ application for asylum and withholding of removal. The IJ found that petitioners had not demonstrated that these alleged acts of past mistreatment perpetrated by Paz-Perez were on account of their political opinion or any of the other statutorily enumerated grounds. According to the IJ, petitioners failed to establish that they were mistreated on account of their membership in a particular social group. The record contained no evidence that any harm from Paz-Perez had been or would be motivated by an actual or imputed statutory ground. Also, the IJ denied petitioners voluntary departure because they had not been physically present in the United States for one year immediately preceding the date that they were served their Notices to Appear.

On May 31, 2007, the BIA dismissed petitioner’s appeal. The BIA agreed with the IJ’s conclusions for the reasons stated in the IJ’s opinion. The BIA reiterated the IJ’s conclusion that petitioners failed to seek asylum on the basis of any statutorily protected ground. Petitioners contended that they were targeted as business owners; however, petitioners failed to show that anyone sought to persecute them on account of any of the five factors enumerated in section 101(a)(42)(A) of the INA.

Petitioners now seek review of the orders denying their applications for asylum and withholding of removal.

II. Discussion

Petitioners challenge the BIA’s decision affirming the IJ’s denial of their application for asylum and withholding of removal. Petitioners argue that the IJ and the BIA erred in finding that petitioners have not shown that they were persecuted, or that they face persecution, on account of any statutorily enumerated ground. Petitioners allege that they were targeted for persecution and face future persecution based on their membership in a discrete social group—namely “competing family business owners.”

We review the BIA’s decision, as it is the final agency decision; however, to the extent that the BIA adopted the findings or the reasoning of the IJ, we also review the IJ’s decision as part of the final agency action. Falaja v. Gonzales, 418 F.3d 889, 894 (8th Cir.2005). “A denial of asylum is reviewed for abuse of discretion; underlying factual findings are reviewed for substantial support in the record.” Hassan v. Gonzales, 484 F.3d 513, 516 (8th Cir.2007). We must uphold an IJ’s factual determinations if they are supported by reasonable, substantial, and probative evidence on the record considered as a whole. Id. We review the BIA’s legal determinations de novo, according substantial deference to the BIA’s interpretation of the statutes and regulations it administers. Id.

“Any alien who is physically present in the United States or who arrives in the United States ... irrespective of such alien’s status, may apply for asylum....” 8 U.S.C. § 1158(a)(1). To qualify for asylum, the burden is on the applicant to establish that he or she is a refugee as defined in the statute. 8 C.F.R. § 1208.13(a). Pursuant to section 101(a)(42) of the INA, a refugee is “any person who is outside any country of such[*628] person’s nationality ... who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion .... 8 U.S.C. § 1101(a)(42)(A) (emphasis added).

An applicant for asylum may prove eligibility by establishing past persecution on account of one of the statutorily enumerated grounds, and if the applicant shows past persecution, he or she will be presumed to have a well-founded fear of future persecution. Hasalla v. Ashcroft, 367 F.3d 799, 803 (8th Cir.2004). But if an applicant attempts to establish a well-founded fear of future persecution without having shown past persecution then “an alien must show the fear is both subjectively genuine and objectively reasonable .... To overcome the BIA’s finding that [petitioner] lacked a well-founded fear of persecution, [petitioner] must show the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Ghasemimehr v. INS, 7 F.3d 1389, 1390 (8th Cir.1993) (internal citations and quotations omitted).

“Persecution is the infliction or threat of death, torture, or injury to one’s person or freedom, on account of race, religion, nationality, membership in a particular social group, or political opinion.” Regalado-Garcia v. INS, 305 F.3d 784, 787 (8th Cir.2002). Persecution requires harsh treatment and “[l]ow-level intimidation and harassment alone do not rise to the level of persecution” nor does mere economic detriment. Makatengkeng v. Gonzales, 495 F.3d 876, 882 (8th Cir.2007). “As for slurs and harassment from private individuals, these do not constitute persecution.” Rife v. Ashcroft, 374 F.3d 606, 612 (8th Cir.2004) (quoting Fisher v. INS, 291 F.3d 491, 497 (8th Cir.2002)).

Petitioners allege that they were persecuted on account of the statutorily enumerated ground of “membership in a particular social group” of competing family business owners. The BIA construes “membership in a particular social group” to refer to persons who hold an immutable characteristic, or common trait such as sex, color, kinship, or in some cases shared past experiences. Matter of Acosta, 19 I & N Dec. 211, 233 (BIA 1985), overruled on other grounds by Matter of Mogharrabi, 19 I & N Dec. 439 (BIA 1987). The group characteristic must be one “that the members of the group either cannot change, or should not be required to change because it is fundamental to their individual identities and consciences.” Id.

Recently, in Matter of A-M-E & J-G-U, the BIA expounded on the meaning of a “particular social group.” 24 I & N Dec. 69 (BIA 2007). In that case, the BIA found that respondents failed to establish that their status as affluent Guatemalans gave them sufficient social visibility to be perceived as a group by society—generally, generalshared characteristic of the group should be recognized by others in the community comthe group should be perceived as a group by society. Id. at 74. The BIA noted that respondents had not presented evidence indicating that wealthy Guatemalans Guatemarecognized as a group that is at a greater risk of crime in general or of extortion or robbery in particular. Id. at 74-75. Rather, the BIA found that the record reflected that violence and crime in Guatemala appear to be pervasive at all socio-economic levels and that respondents had not provided evidence that the general societal perception would be otherwise. Id. at 75. The BIA also found that describing degroup as “wealthy” or “affluent” “afflutoo amorphous, and not suffi[*629] ciently particular, to create a benchmark for determining group membership—people’s ideas of what those terms mean can vary. Id. at 76. The BIA noted that the terms potentially encompass a large swath of people and that respondents had not demonstrated that wealthy Guatemalans constituted a particular social group. Id.

In this case, the BIA relied on Matter of A-M-E & J-GU in affirming the IJ’s finding that petitioners had not demonstrated that the alleged acts of past mistreatment by Paz-Perez were on account of any statutorily enumerated ground, including their membership in a “particular social group.” We agree with the BIA and conclude that petitioners did not establish their membership in a particular social group within the meaning of the INA.

As in Matter of A-M-E & J-GU, petitioners here failed to establish that their status as “competing family business owners” gave them sufficient social visibility to be perceived as a group by society. In particular, petitioners did not present evidence indicating that “family business owners” in Guatemala were recognized as a group that is at a greater risk of crime in general or of extortion, robbery, or threats in particular. There is no record evidence that petitioners’ mistreatment by Paz-Perez and being robbed and extorted are associated with petitioners being members of a social group identifiable as “family business owners.” Also, under BIA precedent, the term “family business owner” is too amorphous to adequately describe a social group. We conclude that respondents have not established that the alleged acts of mistreatment by Paz-Perez were on account of their membership in a particular social group, or any of the other enumerated grounds, under the INA.

Petitioners also applied for withholding of removal, and they petition for review of the denial of that application. We conclude that the BIA did not err in denying withholding of removal.

An alien may not be removed if the alien shows there is a clear probability that his life, or freedom would be threatened in [the alien’s] country because of the alien’s race, religion, nationality, membership in a particular social group or political opinion. The standard for withholding of removal, a clear probability of persecution, is more rigorous than the well-founded fear standard for asylum. An alien who fails to prove eligibility for asylum cannot meet the standard for establishing withholding of removal.

Turay v. Ashcroft, 405 F.3d 663, 667 (8th Cir.2005) (internal quotations and citations omitted). Because petitioners did not meet the standard for asylum, they therefore have not met the higher standard required for withholding of removal.

III. Conclusion

For the foregoing reasons, we deny the petition for review.