Guatemalan national’s petition for review a BIA’s decision reversing the Immigration Judge’s granting of asylum is denied where the petitioner failed to establish a well-founded fear of persecution on account of a protected ground and the standard of BIA review makes no difference because there is no evidence that a gang was in any way motivated by petitioner’s status as an indigenous female. 

Read Caal-Tiul v. Holder, No. 08-2464

Appellate Information

On Petition For Review Of An Order Of The Board Of Immigration

Decided September 10, 2009

Judges

Before:  Boudin, Seyla, and Howard, Circuit Judges.   Per Curium Opinion 

Counsel

For Appellant:  Lidia M. Sanchez 

For Appellee:  Katharine E. Clark, Department of Justice, Civil Division, Office of Immigration Litigation, Tony West, Assistant Attorney General, Civil Division, and Barry J. Pettinato, Assistant Director.

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