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United States Eighth Circuit


Cubillos v. Holder, 08-2007

Petition for review of a decision of the Board of Immigration Appeals vacating the immigration judge's grant of asylum to plaintiff is denied where: 1) the anonymous threats to plaintiff were not sufficiently severe to constitute past persecution on the basis of a protected ground; 2) the anonymous threats were insufficient to establish that plaintiff had well-founded fear of future persecution if he returned to Colombia; 3) the Board did not err in denying plaintiff's application for withholding of removal as he did not prove a clear probability of persecution; and 4) the Board did not exceed its authority when it determined that the record failed to establish persecution.

Appellate Information

  • Decided 05/12/2009
  • Published 05/12/2009

Judges

  • SMITH, Circuit Judge., Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Daniel Warren Hoff, Jr., argued, St. Louis, MO, for petitioner.

  • For Appellees:
  • Anthony Paul Nicastro, argued, Washington, DC, for respondent.
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