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Denial of Guatemalan Natives' Application for Asylum and Related Relief Affirmed

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By FindLaw Staff on June 21, 2010 3:20 PM

Cruz-Samayoa v. Holder, No. 09-3824, concerned Guatemalan natives' petition for review of a decision denying their applications for asylum and related relief. 

As stated in the decision: "[T]he Guatemalan government has filed charges against Cruz for his participatopn and leadership in the events that took place at Nueva Linda, and it is for this reason that Cruz entered the United States most recently," and "Based on the INTERPOL report, the laws that Guatemala seeks to enforce against Cruz are laws of general applicability and their underlying substance is not questionable.  In fact, many, if not all, of the charges would constitute crimes under the laws of the United States."

Thus, in denying the petitions, the court held that the father is ineligible for asylum and withholding of removal as the BIA's conclusion that he is not a "refugee" within the meaning of the INA is supported by substantial evidence.  Furthermore, petitioner's two adult children have failed to show that they cannot reasonably and safely relocate within Guatemala to avoid potential harm.     

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