DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171123P.pdf 08/08/2018 Sandra Pena De Rivas v. Jefferson B. Sessions, III
U.S. Court of Appeals Case No: 17-1123
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge and Murphy, Circuit
Judge]
Petition for Review - Immigration. This opinion is issued by Chief Judge
Smith and Judge Colloton pursuant to 8th Cir. R. 47E. In reviewing
petitioner's asylum claim, the BIA did not err in determining petitioner's
proposed social group - targeted gang girlfriends - lacked particularity
and was not socially distinct; nor did the BIA err in concluding her
second proposed group - witnesses who report crimes to the police - was
not cognizable; the record does not support a conclusion that a family
relationship was a central reason for petitioner's persecution; petitioner
also failed to meet her burden of proof on her CAT claim; the petitioner's
children raised at least one unique basis for relief and requested an
independent evaluation of their claims, and IJ erred in determining the
children had not filed separate applications; the Board failed to decide
the children's applications separately from their mother's, and matter
must be remanded for further proceedings on the children's applications.