Josue De La Cruz-Siana v. Jefferson Sessions III

680 F. App'x 233
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 14, 2017
Docket16-1663
StatusUnpublished

This text of 680 F. App'x 233 (Josue De La Cruz-Siana v. Jefferson Sessions III) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Josue De La Cruz-Siana v. Jefferson Sessions III, 680 F. App'x 233 (4th Cir. 2017).

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Josué Mirrain De La Cruz-Siana (“Sia-na”), a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from the Immigration Judge’s denial of his applications for withholding of removal and protection under the Convention Against Torture.

We have reviewed the record, including the transcript of Siana’s merits hearing, his application for relief from removal, and all supporting evidence. We conclude that the record evidence does not compel a ruling contrary to any of the administrative findings of fact, see 8 U.S.C. § 1252(b)(4)(B) (2012), and that substantial evidence supports the Board’s decision affirming and adopting the Immigration Judge’s reasoning, see I.N.S. v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). Nor do we discern any legal error in the agency’s rejection of the proposed social group advanced by Siana. See Zelaya v. Holder, 668 F.3d 159, 165-67 (4th Cir. 2012); Lizama v. Holder, 629 F.3d 440, 447 (4th Cir. 2011); In re S-E-G-, 24 I. & N. Dec. 579, 584-88 (B.I.A. 2008); In re E-A-G-, 24 I. & N. Dec. 591, 594-96 (B.I.A. 2008).

Accordingly, we deny the petition for review for the reasons stated by the Board. See In re De La Cruz-Siana (B.I.A. May 19, 2016). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

PETITION DENIED

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Related

Lizama v. Holder
629 F.3d 440 (Fourth Circuit, 2011)
Denis Zelaya v. Eric Holder, Jr.
668 F.3d 159 (Fourth Circuit, 2012)
S-E-G
24 I. & N. Dec. 579 (Board of Immigration Appeals, 2008)
E-A-G
24 I. & N. Dec. 591 (Board of Immigration Appeals, 2008)

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Bluebook (online)
680 F. App'x 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/josue-de-la-cruz-siana-v-jefferson-sessions-iii-ca4-2017.