Julio Soc-Morales v. William P. Barr

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 18-1769

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Julio Soc-Morales

lllllllllllllllllllllPetitioner

v.

William P. Barr, Attorney General of United States

lllllllllllllllllllllRespondent

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

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Submitted: March 11, 2019 Filed: March 18, 2019

[Unpublished]

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Before BENTON, BOWMAN, and GRASZ, Circuit Judges.

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PER CURIAM.

Guatemalan citizen Julio Soc-Morales petitions for review of an order of the Board of Immigration Appeals dismissing his appeal from the decision of an

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immigration judge, which denied him withholding of removal.1 Having jurisdiction under 8 U.S.C. § 1252, this court affirms.

This court concludes that substantial evidence supports the denial of withholding of removal because Soc-Morales did not show a clear probability that his life or freedom would be threatened because of one of the five protected grounds. See 8 U.S.C. § 1231(b)(3)(A) (protected grounds include race, religion, nationality, membership in a particular social group, and political opinion); De Castro-Gutierrez v. Holder, 713 F.3d 375, 379 (8th Cir. 2013) (standard of review); Quinonez-Perez v. Holder, 635 F.3d 342, 345 (8th Cir. 2011) (burden of proof). The group Soc- Morales proposed, and the testimony he provided in support of that group, did not implicate a particular social group. See Mayorga-Rosa v. Sessions, 888 F.3d 379, 383 (8th Cir. 2018) (petitioner must prove his social group was (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct); see also Matul-Hernandez v. Holder, 685 F.3d 707, 711-13 (8th Cir. 2012); Gaitan v. Holder, 671 F.3d 678, 682 (8th Cir. 2012).

Because Soc-Morales did not establish membership in a particular social group, this court declines to address his other arguments. See Mayorga-Rosa, 888 F.3d at 385.

The petition for review is denied. See 8th Cir. R. 47B.

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1 The denial of asylum and relief under the Convention Against Torture is not before the panel. See Agha v. Holder, 743 F.3d 609, 616 (8th Cir. 2014).