United States v. Abby Rae Cole

United States Court of Appeals
For the Eighth Circuit
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No. 13-3554
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Francisco J. Magana Berganza
lllllllllllllllllllllPetitioner
v.
Eric H. Holder, Jr., Attorney General of the United States
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: August 18, 2014
Filed: August 21, 2014
[Unpublished]
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Before BYE, SMITH, and KELLY, Circuit Judges.
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PER CURIAM.
El Salvadoran citizen Francisco J. Magana Berganza petitions for review of an
order of the Board of Immigration Appeals upholding an immigration judge’s denial
of withholding of removal. Because we are bound by opinions of earlier panels, see
Gaitan v. Holder, 671 F.3d 678, 681 (8th Cir. 2012), we are foreclosed from
reconsidering this court’s determination that the group Berganza proposed was not

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cognizable as a particular social group for purposes of withholding of removal, see
De Castro-Gutierrez v. Holder, 713 F.3d 375, 380 (8th Cir. 2013) (to qualify for
withholding of removal, alien must show that there is clear probability that his life or
freedom will be threatened in country to which he is being removed because of,
among other things, his membership in particular social group). The petition for
review is denied. See 8th Cir. R. 47B.
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