Barrera Pacheco v. Barr

Summary

This Second Circuit unpublished decision denied a petition for review of the BIA’s denial of withholding of removal. The court held that the petitioner failed to establish that his membership in a family victimized by gangs was "one central reason" for the harm, as the gang’s motive was incidental criminal enterprise and perceived wealth, not family ties. General country conditions evidence was insufficient without particularized proof linking fear of future harm to a protected ground. The petitioner’s asylum and CAT claims were waived.

Holdings

1. The agency reasonably determined that the petitioner failed to demonstrate that he suffered past persecution or has a well-founded fear of future persecution on account of his family membership. The family membership was not a central reason for the harm; the harm was motivated by perceived wealth or general criminal enterprise.
2. The petitioner waived these challenges by not sufficiently arguing them in his brief.

Questions Presented

1. Whether the agency erred in denying withholding of removal on the ground that the petitioner failed to show that his family membership was a central reason for the alleged persecution.

Disposition

denied