Wendi Silvestre-Giron v. William P. Barr, 949 F.3d 1114 (8th Cir. 2020). · Go Syfert
Wendi Silvestre-Giron v. William P. Barr, 949 F.3d 1114 (8th Cir. 2020). Cases Citing This Book View Copy Cite
58 citation events (58 in the last 25 years) across 2 distinct courts.
Strongest positive: Moudjahed Ferchichi v. Pamela Bondi (ca8, 2025-02-14)
Treatment trajectory · 2021 → 2026 · click a year to view as-of
2021 2023 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
discussed Cited as authority (rule) Moudjahed Ferchichi v. Pamela Bondi
8th Cir. · 2025 · confidence medium
“Only the [Board’s] order is subject to our review, including the IJ’s findings and reasoning to the extent they were expressly adopted by the [Board].” Pacheco-Mota v. Garland, 84 F.4th 762, 765 (8th Cir. 2023) (quoting Silvestre-Giron v. Barr, 949 F.3d 1114, 1117 (8th Cir. 2020)).
discussed Cited as authority (rule) Sandra Calvo-Tino v. Merrick Garland
8th Cir. · 2024 · confidence medium
“Only the [Board’s] order is subject to our review, including the [Immigration Judge’s] findings and reasoning to the extent they were expressly adopted by the [Board].” Pacheco-Mota v. Garland, 84 F.4th 762, 765 (8th Cir. 2023) (quoting Silvestre-Giron v. Barr, 949 F.3d 1114, 1117 (8th Cir. 2020)).
examined Cited as authority (rule) Elvir Durakovic v. Merrick B. Garland (3×) also: Cited "see", Cited "see, e.g."
8th Cir. · 2024 · confidence medium
The protected ground need not be the sole reason for persecution, but it cannot just be “incidental or tangential to the persecutor’s motivation.” Silvestre-Giron v. Barr, 949 F.3d 1114, 1118 (8th Cir. 2020) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Veronica Mena-Leon v. Merrick B. Garland
8th Cir. · 2024 · confidence medium
“Only the BIA order is subject to our review, including the IJ’s findings and reasoning to the extent they were expressly adopted by the BIA.” Uriostegui-Teran v. Garland, 72 F.4th 852, 855 (8th Cir. 2023) (citing Silvestre-Giron v. Barr, 949 F.3d 1114, 1117 (8th Cir. 2020)).
discussed Cited as authority (rule) Cesar Pacheco-Mota v. Merrick B. Garland
8th Cir. · 2023 · confidence medium
“Only the BIA order is subject to our review, including the IJ’s findings and reasoning to the extent they were expressly adopted by the BIA.” Silvestre-Giron v. Barr, 949 F.3d 1114, 1117 (8th Cir. 2020).
discussed Cited as authority (rule) Mongong Deng v. Merrick B. Garland
8th Cir. · 2023 · confidence medium
We review the BIA order, “including the IJ’s findings and reasoning to the extent they were expressly adopted by the BIA.” Silvestre-Giron v. Barr, 949 F.3d 1114, 1117 (8th Cir. 2020) (quotations omitted).
discussed Cited as authority (rule) Efren Uriostegui-Teran v. Merrick Garland
8th Cir. · 2023 · confidence medium
“Only the BIA order is subject to our review, including the IJ’s findings and reasoning to the extent they were expressly adopted by the BIA.” Silvestre-Giron v. Barr, 949 F.3d 1114, 1117 (8th Cir. 2020).
discussed Cited as authority (rule) Jaime Oxlaj v. Merrick Garland
8th Cir. · 2023 · confidence medium
We review the denial of an application for asylum and withholding of removal for substantial evidence, see Silvestre-Giron v. Barr, 949 F.3d 1114, 1117 (8th Cir. 2020); Falaja v. Gonzales, 418 F.3d 889, 894 (8th Cir. 2005), but we review questions of law de novo, Ngugi v. Lynch, 826 F.3d 1132, 1136 (8th Cir. 2016). -2- “Under the substantial evidence standard, the agency’s findings of fact must be upheld unless the alien demonstrates that the evidence he presented not only supports a contrary conclusion but compels it.” Id.
discussed Cited as authority (rule) Faisal Yusuf v. Merrick B. Garland
8th Cir. · 2022 · confidence medium
To qualify for withholding of removal, Yusuf must show that there is a clear probability “that [his] life or freedom would be threatened in that country because of [his] race, religion, nationality, membership in a particular social group, or political opinion.” § 1231(b)(3)(A); De Castro-Gutierrez v. Holder, 713 F.3d 375, 380 (8th Cir. 2013). “[A]n applicant for withholding of removal bears the burden of showing that his membership in a particular social group was or will be a central reason for his persecution.” Silvestre-Giron v. Barr, 949 F.3d 1114, 1118 (8th Cir. 2020) (internal …
discussed Cited as authority (rule) Salvador Gutierrez-Vargas v. Merrick B. Garland
8th Cir. · 2022 · confidence medium
We review the BIA’s finding regarding the likelihood of future torture under a “deferential substantial evidence standard,” granting relief only when “the record evidence [is] so compelling that no reasonable factfinder could fail to find in favor of the petitioner.” Silvestre-Giron v. Barr, 949 F.3d 1114, 1117 (8th Cir. 2020) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) Diego Tojin-Tiu v. Merrick Garland
8th Cir. · 2022 · confidence medium
Applying the substantial evidence standard, a “reasonable factfinder could conclude [Tojin’s] family membership is not a central reason for the threat . . . but is only incidental or tangential to the extortionists’ motivation -- money.” Silvestre-Giron v. Barr, 949 F.3d 1114, 1118 (8th Cir. 2020) (cleaned up); accord Cambara-Cambara v. Lynch, 837 F.3d 822, 826 (8th Cir. 2016).
examined Cited as authority (rule) Ararso Umare Mumad v. Merrick B. Garland (3×) also: Cited "see"
8th Cir. · 2021 · confidence medium
“An applicant is eligible for CAT relief if [he] proves that ‘it is more likely than not that [he] . . . would be tortured if removed to the proposed country of removal.’” Silvestre-Giron v. Barr, 949 F.3d 1114, 1119 (8th Cir. 2020); see 8 C.F.R. § 1208.16 (c)(2).
discussed Cited "see" Angel Ramos-Ramos v. Pamela Bondi
8th Cir. · 2025 · signal: see · confidence high
See Silvestre-Giron v. Barr, 949 F.3d 1114 , 1118-19 & n.3 (8th Cir. 2020) (finding substantial evidence supported lack of nexus where a reasonable factfinder could conclude that those persecuting applicant were only motivated by money).
discussed Cited "see" Amalia Castro Lucas v. Pamela Bondi
8th Cir. · 2025 · signal: see · confidence high
See Silvestre-Giron v. Barr, 949 F.3d 1114 , 1118-19 & n.3 (8th Cir. 2020) (nexus is a factual determination reviewed for substantial evidence); Rivas v. Sessions, 899 F.3d 537, 542 (8th Cir. 2018) (holding BIA permissibly denied petitioner’s asylum and withholding-of-removal claims based on failure to show nexus); Martinez-Galarza v. Holder, 782 F.3d 990, 993-94 (8th Cir. 2015) (alleged harm motivated by personal retribution is not valid basis for asylum claim).
discussed Cited "see" Marcos Pablo v. Pamela Bondi (2×)
8th Cir. · 2025 · signal: see · confidence high
See Silvestre-Giron v. Barr, 949 F.3d 1114 , 1119 & n.3 (8th Cir. 2020) (explaining standard of review for “one central reason” nexus standard); Pascual-Miguel v. Garland, 89 F.4th 657, 660 (8th Cir. 2023) (“General criminal intent is not a persecutory motive.”); Tino, 13 F.4th at 710 (upholding adverse nexus finding when petitioner testified aggressor targeted her to extort money, not because of her indigenous status).
discussed Cited "see" Rudy Calderon Recinos v. Merrick B. Garland
8th Cir. · 2024 · signal: see · confidence high
See Silvestre-Giron v. Barr, 949 F.3d 1114, 1118 (8th Cir. 2020) (protected ground need not be sole reason for persecution, but it cannot just be “incidental or tangential to the persecutor’s motivation”) (internal quotation marks and citation omitted); see also Baltti v. Sessions, 878 F.3d 240, 245 (8th Cir. 2017) (lack of a nexus is a basis to deny an asylum application); Gonzalez Cano v. Lynch, 809 F.3d 1056, 1059 (8th Cir. 2016) (same for withholding of removal).
discussed Cited "see" Lesly Escobar Moreno De Cancinos v. Merrick B. Garland
8th Cir. · 2024 · signal: see · confidence high
See Silvestre-Giron v. Barr, 949 F.3d 1114 , 1119 & n.3 (8th Cir. 2020) (nexus is a factual determination reviewed for substantial evidence and will not be reversed unless the record evidence is so compelling that no reasonable fact-finder could fail to find in petitioner's favor).
cited Cited "see" Francisco Gomez-Ajanel v. Merrick B. Garland
8th Cir. · 2023 · signal: see · confidence high
See Silvestre-Giron, 949 F.3d at 1119-20 (explaining the burden of proof); Martin Martin v. Barr, 916 F.3d 1141, 1145 (8th Cir. 2019).
discussed Cited "see" Ricardo Ramos Ramos v. Merrick B. Garland
8th Cir. · 2023 · signal: see · confidence high
See Silvestre-Giron v. Barr, 949 F.3d 1114 , 1119 & n.3 (8th Cir. 2020); see also Tino v. Garland, 13 F.4th 708 , 709 n.2 (8th Cir. 2021) (per curiam) (failure to establish nexus was dispositive of asylum claim). -2- Ramos challenges the IJ’s conclusion that he was not eligible for protection under the United Nations Convention Against Torture (CAT).
discussed Cited "see" Catalina Lux Satin v. Merrick Garland
8th Cir. · 2023 · signal: see · confidence high
See Silvestre-Giron v. Barr, 949 F.3d 1114 , 1119 & n.3 (8th Cir. 2020) (nexus is a factual determination reviewed for substantial evidence and will not be reversed unless the record evidence is so compelling that no reasonable fact- finder could fail to find in petitioner's favor).
discussed Cited "see" Juana Castro-Cuin v. Merrick Garland
8th Cir. · 2023 · signal: see · confidence high
See Silvestre-Giron v. Barr, 949 F.3d 1114 , 1119 & n.3 (8th Cir. 2020) (reviewing for substantial evidence the nexus factual determination); Garcia-Moctezuma v. Sessions, 879 F.3d 863, 869 (8th Cir. 2018) (reversing only upon determination “a reasonable factfinder would have to conclude” the petitioner’s proposed protected ground “actually and sufficiently motivated his persecutors’ actions”).
cited Cited "see" Hugo Aguilar Montecinos v. Merrick B. Garland
8th Cir. · 2023 · signal: see · confidence high
See Silvestre-Giron v. Barr, 949 F.3d 1114 , 1117–19 (8th Cir. 2020). -4- An asylum applicant's refusal to assist or join a gang is often unrelated to the applicant's political opinions.
cited Cited "see" Roberto Diego-Matias v. Merrick B. Garland
8th Cir. · 2022 · signal: see · confidence high
See Silvestre-Giron v. Barr, 949 F.3d 1114 , 1119 & n.3 (8th Cir. 2020); see also Tino v. Garland, 13 F.4th 708, 710 (8th Cir. 2021) (failure to establish nexus was dispositive of asylum claim).
discussed Cited "see" Carlos Gonzalez Osorio v. Merrick B. Garland
8th Cir. · 2022 · signal: see · confidence high
See Silvestre- Giron v. Barr, 949 F.3d 1114 , 1119 & n.3 (8th Cir. 2020) (nexus is a factual determination reviewed for substantial evidence); Garcia-Moctezuma v. Sessions, 879 F.3d 863, 869 (8th Cir. 2018) (this court will reverse only if it determines that a reasonable factfinder would have to conclude that the petitioner’s proposed protected ground “actually and sufficiently motivated his persecutors’ actions”).
discussed Cited "see" Miriam Rodriguez Morales v. Merrick B. Garland (2×)
8th Cir. · 2022 · signal: see · confidence high
See Silvestre-Giron v. Barr, 949 F.3d 1114 , 1119 n.3 (8th Cir. 2020) (standard of 1 Because Rodriguez Morales designated her children as derivative beneficiaries on her asylum application, we refer to her as the lead petitioner.
cited Cited "see" Maura Lopez-Zamora v. Merrick B. Garland
8th Cir. · 2022 · signal: see · confidence high
See Silvestre-Giron v. Barr, 949 F.3d 1114 , 1117-18, 1119 & n.3 (8th Cir. 2020).
cited Cited "see" Mario Morales-Riquiac v. Merrick B. Garland
8th Cir. · 2022 · signal: see · confidence high
See Silvestre-Giron, 949 F.3d at 1117-19 ; Baltti v. Sessions, 878 F.3d 240, 245 (8th Cir. 2017).
cited Cited "see" Guadalupe Barrera Arreguin v. Merrick B. Garland
8th Cir. · 2022 · signal: see · confidence high
See Silvestre-Giron v. Barr, 949 F.3d 1114 , 1118 n.2 (8th Cir. 2020). -7- reopened, the new evidence would likely change the result in the case.
Retrieving the full opinion text from the archive…
Wendi Silvestre-Giron
v.
William P. Barr
18-2887.
Court of Appeals for the Eighth Circuit.
Feb 12, 2020.
949 F.3d 1114
Cited by 45 opinions  |  Published
Pinpoint authority: bottom 32%
United States Court of Appeals
For the Eighth Circuit
___________________________

No. 18-2887
___________________________

Wendi Amarilis Silvestre-Giron

lllllllllllllllllllllPetitioner

v.

William P. Barr, Attorney General of the United States

lllllllllllllllllllllRespondent
____________

Petition for Review of an Order of the
Board of Immigration Appeals
____________

Submitted: November 14, 2019
Filed: February 12, 2020
____________

Before SHEPHERD, GRASZ, and KOBES, Circuit Judges.
____________

GRASZ, Circuit Judge.

Wendi Amarilis Silvestre-Giron petitions the court for review of a final order of removal issued by the Board of Immigration Appeals (“BIA”). The BIA dismissed Silvestre-Giron’s appeal from an immigration judge’s (“IJ”) order denying her request for withholding of removal under section 241(b)(3)(A) of the Immigration and Nationality Act (the “Act”), 8 U.S.C. § 1231(b)(3)(A), and protection under the

Convention Against Torture (“CAT”), 8 C.F.R. § 1208.16(c)(2). For the reasons stated below, we deny the petition for review.

I. Background

Silvestre-Giron is a native and citizen of Guatemala, and she was removed from the United States in January 2003 for unlawful entry. Silvestre-Giron unlawfully reentered the United States in October 2003 and remained until the Department of Homeland Security (“DHS”) ordered her removal in January 2018 under section 241(a)(5) of the Act, 8 U.S.C. § 1231(a)(5). Before her removal, an asylum officer determined Silvestre-Giron had raised a reasonable fear of persecution or torture in Guatemala, and the matter was referred to the IJ.

According to the evidence presented to the IJ, Silvestre-Giron feared extortion and death if she returned to Guatemala. Silvestre-Giron testified that her mother and stepfather operated a vending post at their local market, and in 2014, an unknown group began threatening them with physical harm unless they paid the group money to operate their vending post. Silvestre-Giron’s mother and stepfather initially paid the extortionists. However, they were eventually unable to pay, and in August 2017, Silvestre-Giron’s stepfather was shot and killed. The extortionists then told Silvestre- Giron’s mother that they would kill her and her children unless payments resumed. Although law enforcement investigated the murder, it is unclear whether the person or group responsible was identified.

At some point following her stepfather’s murder, Silvestre-Giron’s mother moved from Guatemala City to Jalapa to live with her sister, ostensibly to escape the extortionists. But the extortionists located her in Jalapa within a few weeks and threatened her and her son — Silvestre-Giron’s brother. The extortionists also separately threatened Silvestre-Giron’s brother on multiple occasions, forcing him to quit school. After the extortionists found Silvestre-Giron’s mother in Jalapa, she moved back to Guatemala City. Silvestre-Giron’s mother relayed all of this information to her, and Silvestre-Giron testified that she will have to live with her mother — whom the extortionists continue to threaten — if she is removed to Guatemala.

[*1115]

The IJ credited Silvestre-Giron’s testimony but denied her request for withholding of removal and CAT protection. As to withholding of removal, the IJ concluded that any threat to her life or freedom was not because of her membership in a particular social group, i.e., her family. As to CAT protection, the IJ determined there was no evidence to suggest the Guatemalan government “play[ed] any role in consenting or acquiescing” to the treatment of Silvestre-Giron’s family.

Silvestre-Giron appealed the IJ’s decision to the BIA, and the BIA dismissed her appeal. The BIA found no clear error in the IJ’s finding that Silvestre-Giron’s life or freedom was not threatened because of her membership in a particular social group. It also found no clear error in the IJ’s finding that Silvestre-Giron was not likely to “suffer torture by or with the consent or acquiescence . . . of a public official in Guatemala.”

II. Analysis

Silvestre-Giron petitions for review of the BIA’s order. As to her request for withholding of removal, the BIA determined it is not clearly probable her life or freedom will be threatened in Guatemala because of her family membership. As to her request for CAT protection, the BIA determined that she failed to show a public official will inflict, instigate, consent to, or acquiesce in, torture.[1] “We review denial of an application for withholding of removal or CAT protection under ‘the deferential substantial evidence standard.’” Mendez-Gomez v. Barr, 928 F.3d 728, 733 (8th Cir. 2019) (quoting Osonowo v. Mukasey, 521 F.3d 922, 927 (8th Cir. 2008)). “Only the BIA order is subject to our review, including the IJ’s findings and reasoning to the extent they were expressly adopted by the BIA.” Id. (quoting Fofanah v. Gonzales, 447 F.3d 1037, 1040 (8th Cir. 2006)). To grant relief, the record evidence must be “so compelling that no reasonable factfinder could fail to find in favor of the petitioner.” Id. (quoting Bernal–Rendon v. Gonzales, 419 F.3d 877, 880 (8th Cir. 2005)).

[*1116]

A. Withholding of Removal

An applicant for withholding of removal “must show a ‘clear probability,’ that [her] ‘life or freedom would be threatened in [the potential country of removal] because of [her] race, religion, nationality, membership in a particular social group, or political opinion.’” Mendez-Gomez, 928 F.3d at 733 (second alteration in original) (quoting INS v. Stevic, 467 U.S. 407, 430 (1984); 8 U.S.C. § 1231(b)(3)(A)).

The IJ and the BIA concluded Silvestre-Giron failed to establish the requisite nexus — that her life or freedom would be threatened in Guatemala because of her membership in a particular social group. To establish nexus, an applicant for withholding of removal “bears the burden of showing that [her] membership in a particular social group was or will be a central reason for [her] persecution.” Cambara–Cambara v. Lynch, 837 F.3d 822, 826 (8th Cir. 2016) (quoting In re W–G–R–, 26 I & N Dec. 208, 224 (BIA 2012) (citing 8 U.S.C. § 1158(b)(1)(B)(i))).2 “Under the ‘one central reason’ nexus standard, a protected ground need not be the sole reason for persecution, but the protected ground cannot be ‘incidental or tangential to the persecutor’s motivation.’” Garcia–Moctezuma v. Sessions, 879 F.3d 863, 868 (8th Cir. 2018) (quoting In re J–B–N– & S–M–, 24 I & N Dec. 208, 213 (BIA 2007)).

[*1117]

Assuming Silvestre-Giron’s family constitutes a particular social group, we conclude substantial evidence supports the finding that Silvestre-Giron’s family membership is not a central reason for the persecution she fears in Guatemala. See Aguinada–Lopez v. Lynch, 825 F.3d 407, 409 (8th Cir. 2016) (assuming petitioner’s family-based groups were cognizable); Bernal–Rendon, 419 F.3d at 881 (recognizing that “a nuclear family can constitute a social group”). Silvestre-Giron testified that the unknown extortionists targeted her stepfather because they wanted money and he had a source from which they could extort money — a vending post at the local market. And the extortionists murdered Silvestre-Giron’s stepfather only because he could no longer pay their demands. There is no evidence the extortionists targeted or murdered Silvestre-Giron’s stepfather because of his family membership or any other family connection. According to Silvestre-Giron’s testimony, their only motivation was money.

[*1118]

Although the extortionists then threatened to murder Silvestre-Giron’s mother and siblings unless payment resumed, this does not compel the conclusion that Silvestre-Giron’s family membership is a central reason for the persecution she fears. See Cambara–Cambara, 837 F.3d at 826 (finding substantial evidence supported the conclusion that family membership was not a central reason for a criminal gang’s extortion of certain family members as opposed to their status as “prosperous businessmen”). When asked why the extortionists threatened her mother and her mother’s children, Silvestre-Giron testified “[b]ecause they want more money.” She further explained that the extortionists “are upset because we couldn’t continue paying, . . . we just couldn’t.” On this record, a reasonable factfinder could conclude Silvestre-Giron’s family membership is not a central reason for the threat posed by the extortionists but is only “incidental or tangential to the [extortionists’] motivation” — money. Garcia–Moctezuma, 879 F.3d at 868 (quoting J–B–N– & S–M–, 24 I & N at 213); see Mendez-Gomez, 928 F.3d at 733 (“We may only grant relief if the evidence in the record is ‘so compelling that no reasonable factfinder could fail to find in favor of the petitioner.’”) (quoting Bernal–Rendon, 419 F.3d at 880).

Silvestre-Giron argues it is improper to focus on the general threat of extortion rather than the more specific threat of murder posed by the extortionists. But the specific threat of murder must be understood in the context of all the evidence, not in isolation as Silvestre-Giron contends. Juarez-Coronado v. Barr, 919 F.3d 1085, 1088 (8th Cir. 2019) (stating that under the substantial-evidence standard, we review “the record as a whole”) (quoting Eusebio v. Ashcroft, 361 F.3d 1088, 1091 (8th Cir. 2004) (emphasis added)). When properly understood, the BIA’s conclusion that Silvestre-Giron failed to establish the requisite nexus is supported by substantial evidence.[3] B. CAT Protection

[*1119]

“An applicant is eligible for CAT relief if [s]he proves that ‘it is more likely than not that [s]he . . . would be tortured if removed to the proposed country of removal.’” Cambara–Cambara, 837 F.3d at 826 (quoting 8 C.F.R. § 1208.16(c)(2)). “‘Torture’ within the meaning of CAT must be ‘inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.’” Juarez-Coronado, 919 F.3d at 1089 (quoting 8 C.F.R. § 1208.18(a)(1)). “Acquiescence of a public official requires that the public official, prior to the activity constituting torture, have awareness of such activity and thereafter breach his or her legal responsibility to intervene to prevent such activity.” 8 C.F.R. § 1208.18(a)(7); see also Juarez-Coronado, 919 F.3d at 1089 (“A government does not acquiesce in the torture of its citizens merely because it is aware of torture but powerless to stop it, but it does cross the line into acquiescence when it shows willful blindness toward the torture of citizens by third parties.”) (quoting Mouawad v. Gonzales, 485 F.3d 405, 413 (8th Cir. 2007)).

Substantial evidence supports the BIA’s conclusion that it is not likely Silvestre-Giron “will suffer torture by or with the consent or acquiescence (including the concept of willful blindness) of a public official in Guatemala.” Silvestre-Giron’s mother reported her husband’s murder to the police, and the district attorney’s office opened an investigation. Although the Guatemalan government has been unable to

removal under 8 U.S.C. § 1231(b)(3)(A). But whether Silvestre-Giron’s family membership was a central reason for the threat to her life is a factual determination that we may not review de novo. Fuentes–Erazo v. Sessions, 848 F.3d 847, 852 (8th Cir. 2017) (explaining the evidence presented must “not only support[ ] a contrary conclusion but compel[ ] it”) (emphasis in original) (quoting Ngugi v. Lynch, 826 F.3d 1132, 1136 (8th Cir. 2016)). Our jurisdiction only allows us to review the agency’s determination for substantial evidence on the record as a whole, and we conclude there is substantial evidence in the record to support the finding that Silvestre-Giron failed to establish the requisite nexus.

[*1120]

identify the extortionists, the record contains no evidence any public official participated in, consented to, or had prior knowledge of the extortion or murder of Silvestre-Giron’s stepfather. Nor is there any evidence a public official will inflict, instigate, consent to, or acquiesce in any torture or other harm to Silvestre-Giron if she returns to Guatemala. And the Guatemalan government’s inability to identify and hold responsible the extortionists is, on its own, insufficient to establish her CAT burden. See, e.g., Garcia–Milian v. Lynch, 825 F.3d 943, 946 (8th Cir. 2016) (“As we have previously stated, while it may be that the Guatemalan government is less than successful at preventing the torture of its citizens by gang members, this conclusion alone does not mean that the government is willfully blind toward it.”) (cleaned up).

For these reasons, we deny the petition for review. ______________________________

[*1121]

1 Although Silvestre-Giron raises a number of objections to the BIA’s order under SEC v. Chenery Corp., 332 U.S. 194 (1947), the IJ’s and the BIA’s conclusions are sufficiently clear and the paths they took to reach those conclusions can be reasonably discerned. See Chanmouny v. Ashcroft, 376 F.3d 810, 812 (8th Cir. 2004) (“Even where an administrative decision embodies ‘less than ideal clarity,’ we may uphold the decision ‘if the agency’s path may reasonably be discerned.’”) (quoting Bowman Transp., Inc. v. Ark.–Best Freight Sys., Inc., 419 U.S. 281, 285–86 (1974)).
2 The BIA applied this one-central-reason nexus standard. In a prior case, we recognized this nexus standard is not based on the language of § 1231(b)(3) but is borrowed from the language of 8 U.S.C. § 1158(b)(1)(B)(I), which applies to applications for asylum. Garcia–Moctezuma v. Sessions, 879 F.3d 863, 867 (8th Cir. 2018). We declined to address the propriety of applying the one-central-reason nexus standard to § 1231(b)(3)(A) applications for withholding of removal because Garcia- Moctezuma waived the issue by using that standard during the administrative proceedings and challenging it for the first time on appeal. Id. at 867–68 & n.3. It would be even more inappropriate for us to reach the issue in this case because Silvestre-Giron did not raise it before the BIA and she does not raise it before us now. See id. (applying the one-central-reason nexus standard because Garcia-Moctezuma waived any challenge to that standard).
3 We do not hold that a threat to harm the members of a family as a means to affect extortion can never support a meritorious application for withholding of