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Ramos v. Holder

United States Court of Appeals, Fifth Circuit
Oct 19, 2010
397 F. App'x 939 (5th Cir. 2010)

Opinion

No. 09-60810 Summary Calendar.

October 19, 2010.

Mario Caballero, Esq., Caballero Law Office, Houston, TX, for Petitioner.

Eric Warren Marsteller, Esq., Trial Attorney, Tangerlia Cox, Scott Lawrence Rempell, U.S. Department of Justice Office of Immigration Litigation, Washington, DC, for Respondent.

Petition for Review of an Order of the Board of Immigration Appeals, BIA No. A095 908 099.

Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.


Berly Ramos petitions for review of the determination by the Board of Immigration Appeals (BIA) that she is not entitled to withholding of removal. Ramos contends that she is entitled to withholding of removal because of past persecution and the likelihood of future persecution on account of her membership in a particular social group, namely Students for Health (SFH), which she contends incurred the enmity of gangs because the group encouraged citizens to report criminal activity.

To establish eligibility for withholding of removal, Ramos must show that it is more likely than not her life or freedom would be threatened by persecution on account of one of five protected categories, including membership in a particular social group. Efe v. Ashcroft, 293 F.3d 899, 906 (5th Cir. 2002). We review the BIA's determination for substantial evidence; we will not reverse unless the evidence compels a contrary conclusion. Id. at 905-06.

Ramos's arguments amount primarily to a claim that she has suffered gang violence as a result of her activities with SFH, but there was little to no evidence that membership in SFH is an immutable characteristic qualifying it as a particular social group, or that she would continue to face persecution now that she no longer belongs to SFH. See Majd v. Gonzales, 446 F.3d 590, 595 (5th Cir. 2006); Mwembie v. Gonzales, 443 F.3d 405, 414-15 (5th Cir. 2006). We cannot say that the record compels the conclusion that she established eligibility for withholding of removal.

The petition for review is DENIED.


Summaries of

Ramos v. Holder

United States Court of Appeals, Fifth Circuit
Oct 19, 2010
397 F. App'x 939 (5th Cir. 2010)
Case details for

Ramos v. Holder

Case Details

Full title:Berly Maritza RAMOS, Petitioner v. Eric H. HOLDER, Jr., U.S. Attorney…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 19, 2010

Citations

397 F. App'x 939 (5th Cir. 2010)