Gilo Ubaldo Menjivar v. Immigr. & Naturalization Serv., 259 F.3d 940 (8th Cir. 2001). · Go Syfert
Gilo Ubaldo Menjivar v. Immigr. & Naturalization Serv., 259 F.3d 940 (8th Cir. 2001). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 1 distinct court.
Strongest positive: Regalado-Garcia v. INS (ca8, 2002-10-01)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Regalado-Garcia v. INS
8th Cir. · 2002 · quote attribution · 1 verbatim quote · confidence high
ear of future persecution was not well founded because the events on which it was based occurred a decade ago, because conditions in el salvador have markedly improved since the peace accords of 1992 . . .
examined Cited as authority (verbatim quote) Cesar Enrique Regalado-Garcia v. Immigration and Naturalization Service
8th Cir. · 2002 · quote attribution · 1 verbatim quote · confidence high
ear of future persecution was not well founded because the events on which it was based occurred a decade ago, because conditions in el salvador have markedly improved since the peace accords of 1992 . . .
discussed Cited as authority (rule) Aura Villeda v. Michael Mukasey (2×)
8th Cir. · 2009 · confidence medium
Having reviewed the denial of asylum under the substantial-evidence standard, see Khrystotodorov v. Mukasey, 551 F.3d 775, 781 (8th Cir.2008), we uphold the BIA’s conclusion that Villeda neither suffered past persecution on account of a protected factor, see Quomsieh v. Gonzales, 479 F.3d 602, 606 (8th Cir.2007) (absent physical harm, incidents of harassment and unfulfilled threats of injury are not persecution), nor offered credible, specific evidence that a reasonable person in her position would fear persecution if returned to El Salvador, see Makatengkeng v. Gonzales, 495 F.3d 876, 881 (…
discussed Cited as authority (rule) Roberto Castro-Pu v. Michael Mukasey
8th Cir. · 2008 · confidence medium
See Regalado-Garcia v. I.N.S., 305 F.3d 784, 788 (8th Cir. 2002); Menjivar v. I.N.S., 259 F.3d 940, 942 (8th Cir. 2001). -5- The BIA acknowledged that recent Department of State reports reflect “a certain level of civil strife in Guatemala” but agreed with the IJ that Castro-Pu failed to show “a particularized risk of persecution on account of a protected ground” that would establish either a well-founded fear of persecution making him eligible for asylum or the withholding of removal, or a likelihood of torture warranting relief under the CAT, see 8 C.F.R. § 1208.16 (b) & (c).
cited Cited as authority (rule) Castro-Pu v. Mukasey
8th Cir. · 2008 · confidence medium
See Regalado-Garda v. I.N.S., 305 F.3d 784, 788 (8th Cir.2002); Menjivar v. I.N.S., 259 F.3d 940, 942 (8th Cir.2001). '
discussed Cited as authority (rule) Abdul Rahman Hassan v. John Ashcroft
8th Cir. · 2004 · confidence medium
The petition for review must be denied “if the BIA’s finding is supported by ‘reasonable, substantial, and probative evidence of the record considered as a whole.’” Regalado-Garcia v. INS, 305 F.3d 784, 787 (8th Cir. 2002) (quoting Menjivar v. INS, 259 F.3d 940, 941 (8th Cir. 2001) (further quotations and citations omitted)).
discussed Cited as authority (rule) Abdul Rahman Hassan v. John Ashcroft, Attorney General
8th Cir. · 2004 · confidence medium
The petition for review must be denied “if the BIA’s finding is supported by ‘reasonable, substantial, and probative evidence of the record considered as a whole.’ ” Regalado-Garcia v. INS, 305 F.3d 784, 787 (8th Cir.2002) (quoting Menjivar v. INS, 259 F.3d 940, 941 (8th Cir.2001) (further quotations and citations omitted)).
cited Cited as authority (rule) Melecio-Saquil v. Ashcroft
8th Cir. · 2003 · confidence medium
Menjivar v. INS, 259 F.3d 940, 941 (8th Cir. 2001).
cited Cited as authority (rule) Ramiro Melecio-Saquil v. John Ashcroft
8th Cir. · 2003 · confidence medium
Menjivar v. INS, 259 F.3d 940, 941 (8th Cir.2001).
discussed Cited as authority (rule) M. O. Gonzalez Ramos v. John D. Ashcroft
8th Cir. · 2003 · confidence medium
Although respondent was not required to show improved country conditions because Gonzalez Ramos did not establish past persecution on account of a protected characteristic, see Kratchmarov v. Heston, 172 F.3d 551, 553 (8th Cir.1999), it nevertheless did so by introducing evidence that, since Gonzalez Ramos arrived in the United States, Guatemala’s civil war has ended, the guerrillas have renounced violence, and indigenous populations who fled during the civil war have been returning to the country, see Menjivar v. INS, 259 F.3d 940, 942 (8th Cir.2001).
discussed Cited as authority (rule) Volodymyr Fisher v. INS
8th Cir. · 2002 · confidence medium
An alien seeking asylum bears the burden of proving that he or she is a refugee. 8 C.F.R. § 208.13 (a) (2001).3 To prove that the applicant suffers from a well-founded fear of future persecution, the applicant must show an actual subjective fear, as well as an objective basis for that fear, such that "a reasonable person in the alien's position would fear persecution if returned to the alien's native country." Menjivar, 259 F.3d at 941 (internal quotation marks omitted).
discussed Cited as authority (rule) Volodymyr Fisher Irina Nikolaeva v. Immigration and Naturalization Service
8th Cir. · 2002 · confidence medium
An alien seeking asylum bears the burden of proving that he or she is a refugee. 8 C.F.R. § 208.13 (a) (2001). 3 To prove that the applicant suffers from a well-founded fear of future persecution, the applicant must show an actual subjective fear, as well as an objective basis for that fear, such that “a reasonable person in the alien’s position would fear persecution if returned to the alien’s native country.” Menjivar, 259 F.3d at 941 (internal quotation marks omitted). *497 Past persecution is relevant either because it provides a basis for a well-founded fear of future persecution…
discussed Cited "see" Alexei Koutsko v. John Ashcroft
8th Cir. · 2004 · signal: see · confidence high
See Menjivar v. INS, 259 F.3d 940, 942 (8th Cir.2001) (fear of future persecution was not well-founded because events on which it was based occurred decade prior and conditions in El Salvador had markedly improved since).
cited Cited "see" Sihin Hadera Francois v. Immigration and Naturalization Service
8th Cir. · 2002 · signal: see · confidence high
See Menjivar v. INS, 259 F.3d 940, 941 (8th Cir.2001).
cited Cited "see" Sihin Francois v. INS
8th Cir. · 2002 · signal: see · confidence high
See Menjivar v. INS, 259 F.3d 940, 941 (8th Cir. 2001).
discussed Cited "see, e.g." Eliu Cinto-Velasquez v. Loretta E. Lynch
8th Cir. · 2016 · signal: compare · confidence medium
As in Melecio-Saquil , “the. record amply supports the [BIA] ’s finding that the dramatic changes in Guatemala after the 1996 peace accords prevent these dated events from translating into an objectively reasonable fear of persecution at this time.” 337 F.3d at 987; compare Menjivar v. INS, 259 F.3d 940, 942 (8th Cir.2001) (changed' conditions in El Salvador made likelihood of future persecution remote).
Retrieving the full opinion text from the archive…
Gilo Ubaldo MENJIVAR, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
00-3135.
Court of Appeals for the Eighth Circuit.
Aug 7, 2001.
259 F.3d 940
Daniel L. Gerdts, argued, Minneapolis, MN, for appellant., Paul D. Kovac, argued, Office of Immigration Litigation, Washington, DC, for appellee.
Arnold, Bright, Bye.
Cited by 16 opinions  |  Published
MORRIS SHEPPARD ARNOLD, Circuit Judge.

Gilo Ubaldo Menjivar petitions for review of the order of the Board of Immigration Appeals (BIA) affirming an immigration judge’s decision to deny Mr. Menjivar’s application for asylum. We affirm.

Mr. Menjivar, a native and citizen of El Salvador, who concedes his deportability, claims that he is entitled to asylum in the United States because of a well-founded fear of persecution on account of his political opinion and membership in a particular social group. We are obligated to affirm the BIA’s conclusion that Mr. Menjivar “was not eligible for asylum” if that conclusion is supported by “ ‘reasonable, substantial, and probative evidence on the record considered as a whole,’ ” Immigration and Naturalization Serv. v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992), quoting 8 U.S.C. § 1105a(a)(4) (repealed 1996). [1]

The attorney general is authorized to grant asylum to a “refugee,” 8 U.S.C. § 1158(b)(1), that is, as relevant here, to a person who does not want to return home “because of ... a well-founded fear of persecution on account of ... membership in a particular social group, or political opinion,” 8 U.S.C. 1101(a)(42)(A). The petitioner’s fear must not only be actual, it must be objectively reasonable as well, that is, the petitioner must show that “a reasonable person in the alien’s position would fear persecution if returned to the alien’s native country.” Ghasemimehr v. Immigration and Naturalization Serv., 7 F.3d 1389, 1390 (8th Cir.1993) (per curiam).

Mr. Menjivar asserts that he deserted from the armed forces of El Salvador because of his opposition to being required to participate in what he calls the military mafia, an organization devoted to the systematic theft of government property. He testified that after he deserted the army[*942] he was advised that the military police were searching for him and he therefore feared persecution by them. He claims that he has a fear of persecution due to his opposition to organized corruption in the army and that this amounts to persecution on account of his political beliefs and his membership in a social group.

We entertain some considerable doubt about whether Mr. Menjivar belongs to a “social group” within the meaning of the relevant statute. He argues that his social group consists of “all persons who have personal knowledge of this military mafia and specific knowledge of conduct by officers of the Salvadoran air force ... and for one reason or another in this case, desertion, have indicated their opposition or their disagreement or moral conviction against such conduct.” Perhaps such a group might conceivably qualify for asylum, but we need not decide that issue because the BIA dismissed Mr. Menjivar’s petition on a factual ground that we think was proper and that avoids the question.

The BIA concluded that Mr. Menjivar’s fear of future persecution was not well founded because the events on which' it was based occurred a decade ago, because conditions in El Salvador have markedly improved since the peace accords of 1992 that were backed by the United Nations, and because Mr. Menjivar’s family has been unmolested. The BIA found as a fact that the likelihood of a person in Mr. Menjivar’s position being persecuted was therefore so remote that no reasonable person in his position could entertain a fear of it. This finding is amply supported by the record, and we observe that it seems to us an especially reasonable one since Mr. Menjivar himself testified that he has no reason to think that anyone has been inquiring after his whereabouts in the last ten years. Mr. Menjivar’s fear may indeed be subjectively real, but he produced almost no evidence that it was objectively reasonable.

We have considered Mr. Menjivar’s other arguments and conclude that they are without merit.

For the reasons indicated, we affirm the order of the BIA.

1

. Although Congress repealed § 1105a as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub.L. 104-208, 110 Stat. 3009-546, 3009-612 (1996), the proceedings to deport Mr. Menjivar were instituted before IIRIRA's effective date and the final deportation order was entered long after IIRIRA's enactment. In such cases, our review continues to be governed by § 1105 a, and by some transitional rules not relevant to the issues here. See Kratchmarov v. Heston, 172 F.3d 551, 552 n. 2 (8th Cir.1999).