Elvis Hernandez v. Loretta E. Lynch


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Duane Benton and Bobby E. Shepherd (UNPUBLISHED) [4459363] [15-3957]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3957 ___________________________ Elvis H. Tobar Hernandez 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of an Order of the Board of Immigration Appeals ____________ Submitted: October 12, 2016 Filed: October 17, 2016 [Unpublished] ____________ Before SMITH, BENTON, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Elvis H. Tobar Hernandez, a citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from an adverse decision of an immigration judge. He challenges the denial of his claim for withholding of removal based on an alleged well-founded fear of future persecution, and the denial of relief under the Convention Against Torture (CAT). After careful Appellate Case: 15-3957 Page: 1 Date Filed: 10/17/2016 Entry ID: 4459363 consideration, we conclude that substantial evidence supports the decision. See Davila-Mejia v. Mukasey, 531 F.3d 624, 627, 629 (8th Cir. 2008) (standard of review); cf. Garcia v. Holder, 746 F.3d 869, 872-73 (8th Cir. 2014) (opposition to gangs is not basis for cognizable “particular social group”); Cooke v. Mukasey, 538 F.3d 899, 908 (8th Cir. 2008) (claim under CAT fails where based on same facts as unsuccessful asylum and withholding-of-removal claims). The petition is denied. See 8th Cir. R. 47B. ______________________________ -2- Appellate Case: 15-3957 Page: 2 Date Filed: 10/17/2016 Entry ID: 4459363

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