Julia Ramos-Gomez v. Merrick B. Garland

• Court: Court of Appeals for the Eighth Circuit
• Decided: August 2, 2021
• Docket: 20-3661
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-3661 ___________________________

Julia Judith Ramos-Gomez; Auner Neymar Ramos-Gomez; Yeison Alexander Bama-Ramos

lllllllllllllllllllllPetitioners

v.

Merrick B. Garland, Attorney General of the United States

lllllllllllllllllllllRespondent ____________

Petition for Review of an Order of the Board of Immigration Appeals ____________

Submitted: July 21, 2021 Filed: August 2, 2021 [Unpublished] ____________

Before LOKEN, KELLY, and ERICKSON, Circuit Judges. ____________

PER CURIAM.

Guatemalan native and citizen Julia Judith Ramos-Gomez (Ramos-Gomez) sought asylum, individually and on behalf of her minor sons, Auner Neymar Ramos-Gomez and Yeison Alexander Bama-Ramos, based on her membership in a proposed particular social group defined as “single Guatemalan mothers of young children.”1 An immigration judge denied her asylum application, and the Board of Immigration Appeals summarily affirmed the result, without an opinion. Ramos- Gomez petitions for review.

Having reviewed the record, we conclude substantial evidence supports the determination that Ramos-Gomez failed to demonstrate an objectively reasonable fear of particularized persecution on account of a protected ground. See Lemus-Arita v. Sessions, 854 F.3d 476, 482-83 (8th Cir. 2017) (standard of review). A reasonable fact finder could conclude, as the immigration judge did, that the harm Ramos-Gomez feared resulted from generalized violence, and that her fear was not objectively reasonable because she remained unharmed in Guatemala as a single mother with young children for over two years before leaving. See id. at 482; Al Yatim v. Mukasey, 531 F.3d 584, 588-89 (8th Cir. 2008).

Accordingly, we deny the petition for review. ______________________________

1 Ramos-Gomez’s sons were derivative applicants on her asylum application. See 8 U.S.C. § 1158(b)(3)(A). Ramos-Gomez concedes she does not seek withholding of removal or protection under the Convention Against Torture.

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