United States Eighth Circuit

Petition for review of a decision denying Guatemalan native's application for asylum, withholding of removal, and relief under the Convention Against Torture is denied where: 1) the IJ did not err in finding that the gang which plaintiff claimed was persecuting her had not attributed an anti-gang political opinion to her, and that she failed to show that the threats she received were on account of an imputed political opinion; and 2) plaintiff failed to show she qualified for relief under the Convention Against Torture as she did not show that it was more likely than not that she would be tortured if she were removed to Guatemala and that the government condoned or acquiesced in the gang members' threats.

Appellate Information

• Decided 07/28/2009
• Published 07/28/2009

Judges

• MELLOY, Circuit Judge., Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Benjamin Richard Casper, argued, West St. Paul, MN, for Petitioner.


• For Appellees:
  
• Tiffany Walters Kleinert, argued, David V. Bernal, and Lance Lomond Jolley, on the brief, Washington, DC. for Respondent.