DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
202415P.pdf 06/02/2021 Teresa Padilla-Franco v. Merrick B. Garland
U.S. Court of Appeals Case No: 20-2415
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Kobes, Author, with Kelly and Grasz, Circuit Judges]
Petition for Review - Immigration. On a petition for review of denial of
asylum and withholding of removal, petitioner argues the Board of
Immigration Appeals applied the clear error, rather than the de novo,
standard of review. The BIA appropriately addressed for clear error the
findings of fact and applied de novo review to the legal issues. The BIA
further applied the correct factors in determining whether petitioner
suffered past persecution or will face persecution if she returns to
Honduras. The emotional harm petitioner faces do not rise to the level of
significant actual suffering or harm and is otherwise not motivated by her
membership in a particular social group, as she was targeted because she
owned the land that once belonged to her father, not because she was
related to him. Petitioner did not carry the burden that she could not
relocate and thus did not show a well-founded fear of future persecution.