Juan Marquez Orellana v. Eric H. Holder, Jr.


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Kermit E. Bye and Bobby E. Shepherd (UNPUBLISHED) [4348510] [15-1395]

Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1395 ___________________________ Juan Antonio Marquez Orellana lllllllllllllllllllllPetitioner v. Loretta E. Lynch, Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: December 11, 2015 Filed: December 21, 2015 [Unpublished] ____________ Before SMITH, BYE, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Juan Antonio Marquez Orellana, a citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from the Appellate Case: 15-1395 Page: 1 Date Filed: 12/21/2015 Entry ID: 4348510 decision of an immigration judge denying him withholding of removal.1 After careful consideration, we conclude that substantial evidence supported the denial of withholding of removal, because Marquez Orellana did not show a clear probability that his life or freedom would be threatened because of a protected ground should he be returned to El Salvador. See Davila-Mejia v. Mukasey, 531 F.3d 624, 627, 629 (8th Cir. 2008) (standard of review; standard for showing eligibility for withholding of removal). Specifically, the two groups in which he asserts membership as grounds for his claim are not recognized as particular social groups for purposes of immigration relief. See Matul-Hernandez v. Holder, 685 F.3d 707, 711-13 (8th Cir. 2012) (individuals returning from United States and perceived as wealthy do not constitute recognized particular social group); Gaitan v. Holder, 671 F.3d 678, 682 (8th Cir. 2012) (young males who have rejected or resisted gang recruitment do not constitute recognized particular social group). The petition for review is denied. See 8th Cir. R. 47B. ______________________________ 1 Marquez Orellana was also denied asylum and relief under the Convention Against Torture, but he does not seek review of those denials. -2- Appellate Case: 15-1395 Page: 2 Date Filed: 12/21/2015 Entry ID: 4348510

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?