Eulalia Lourdes Tino-De La Cruz; P.M.Z.T. v. Merrick B. Garland, Attorney General of the United States

United States Court of Appeals
For the Eighth Circuit
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No. 24-1642
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Eulalia Lourdes Tino-De La Cruz; P.M.Z.T.
Petitioners
v.
Merrick B. Garland, Attorney General of the United States
Respondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: September 10, 2024
Filed: September 13, 2024
[Unpublished]
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Before GRASZ, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.
Eulalia Lourdes Tino-De La Cruz, on behalf of herself and her child, see 8
U.S.C. § 1158(b)(3)(A)–(B), challenges the denial of asylum and withholding of
removal. We have already rejected the argument that a deficient notice to appear
deprives the immigration court of jurisdiction. See Tino v. Garland, 13 F.4th 708,
709 (8th Cir. 2021) (per curiam); see also id. at 709 n.2 (concluding that Niz-Chavez

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v. Garland, 593 U.S. 155 (2021), “d[id] not . . . disturb[] our jurisdiction-related
precedent”). And substantial evidence supports the conclusion that any persecution
she suffered or fears is not “on account of [her] membership in a particular social
group.”1 Martinez-Galarza v. Holder, 782 F.3d 990, 993 (8th Cir. 2015) (explaining
the standard of review and what sorts of persecution qualify). We accordingly deny
the petition for review. See 8th Cir. R. 47B.
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1 Given this conclusion, it is unnecessary to address the other arguments she
raises. See Tino, 13 F.4th at 710; see also Chay-Velasquez v. Ashcroft, 367 F.3d
751, 756 (8th Cir. 2004) (discussing waiver).

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