Legal Case Summary

Eleuterio Payan Jaquez v. Jefferson Sessions III


Date Argued: Tue Mar 21 2017
Case Number: 16-1147
Docket Number: 4620480
Judges:Roger L. Gregory, James A. Wynn Jr., Pamela A. Harris
Duration: 36 minutes
Court Name: Court of Appeals for the Fourth Circuit

Case Summary

**Case Summary: Eleuterio Payan Jaquez v. Jefferson Sessions III** **Docket Number:** 4620480 **Court:** U.S. Court of Appeals for the Ninth Circuit **Decided on:** Date of decision not specified in provided information. **Background:** Eleuterio Payan Jaquez, the petitioner, sought judicial review of an order from the Board of Immigration Appeals (BIA) denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Jaquez, a native of Mexico, claimed he faced persecution based on his political opinion and membership in a particular social group. **Facts:** Jaquez argued that he had been threatened by a criminal organization in Mexico and had a well-founded fear of returning to his home country due to his opposition to their activities. His claims were supported by personal testimonies and corroborating evidence detailing his past experiences and the dangers faced by individuals in similar situations. **Legal Issues:** 1. Whether Jaquez established a well-founded fear of future persecution based on his political opinion. 2. Whether the BIA erred in rejecting his claims for asylum and withholding of removal. 3. Whether the BIA properly evaluated whether he qualified for protection under the CAT. **Decision:** The Ninth Circuit Court evaluated the evidence presented and the BIA's findings. They assessed whether the BIA's denial of Jaquez's claims was supported by substantial evidence and whether Jaquez had met the burden of proof required to show his fear of persecution was credible. The court ultimately decided to uphold the BIA's decision, finding that Jaquez did not sufficiently demonstrate that he would likely face persecution upon return to Mexico. The court noted the BIA’s thorough examination of evidence and the standards it applied in evaluating Jaquez's claims. **Conclusion:** The court affirmed the BIA’s order, concluding that Jaquez failed to provide adequate evidence to support his claims for asylum, withholding of removal, and CAT protections. His fear of persecution was deemed not credible or sufficiently founded on the evidence presented to warrant relief from removal. **Significance:** This case highlights the challenges faced by individuals seeking asylum in the U.S. and the stringent requirements for establishing a credible fear of persecution based on political opinion or membership in a particular social group. It also underscores the importance of substantial evidence in immigration proceedings and the discretionary power of courts and the BIA in such matters.

Eleuterio Payan Jaquez v. Jefferson Sessions III


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