Shannon Robinett v. United States

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-1240
___________________________
Juan Gomez-Lorenzo; Manuel Gomez-Cua
lllllllllllllllllllllPetitioners
v.
Jefferson B. Sessions, III, Attorney General of the United States
lllllllllllllllllllllRespondent
____________
Petition for Review of an Order of the
Board of Immigration Appeals
____________
Submitted: March 6, 2018
Filed: March 13, 2018
[Unpublished]
____________
Before COLLOTON, BOWMAN, and BENTON, Circuit Judges.
____________
PER CURIAM.
Guatemalan citizen Juan Gomez-Lorenzo, individually and on behalf of his
minor son Manuel Gomez-Cua, petitions for review of an order of the Board of
Immigration Appeals dismissing his appeal from the decision of an immigration
judge, which denied his request for asylum, withholding of removal, and relief under

-- 1 of 2 --

the Convention Against Torture (CAT). Having jurisdiction under 8 U.S.C.1
§ 1252(a)(2)(D), this court denies the petition.
This court concludes that substantial evidence supports the agency’s
determination that Gomez-Lorenzo was not entitled to asylum or withholding of
removal because he failed to show that he was unable or unwilling to return to
Guatemala due to persecution, or a well-founded fear of future persecution on
account of a protected ground. See De Castro-Gutierrez v. Holder, 713 F.3d 375, 379
(8th Cir. 2013) (standard of review); Gutierrez-Vidal v. Holder, 709 F.3d 728, 732
(8th Cir. 2013) (asylum requirements); Ngure v. Ashcroft, 367 F.3d 975, 989 (8th Cir.
2004) (requirements for withholding of removal). This court also concludes that
substantial evidence supports the agency’s denial of CAT relief. See De Castro-
Gutierrez, 713 F.3d at 381 (requirements for protection under CAT).
The petition is denied. See 8th Cir. R. 47B.
______________________________
Gomez-Lorenzo brought the derivative application on behalf of his son for1
asylum only. See 8 U.S.C. § 1158(b)(3)(A); 8 C.F.R. § 1208.21(a). Because
Manuel’s application is derivative of Gomez-Lorenzo’s application, all subsequent
references are to Gomez-Lorenzo.
-2-

-- 2 of 2 --