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Perez v. Holder

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Before Howard, Ripple *fn1 and Selya, Circuit Judges.

This is a petition for judicial review of a final order of the Board of Immigration Appeals (BIA) denying relief to, and commanding the removal of, certain petitioning aliens. After careful consideration, we deny the petition.

The background facts are straightforward. Santos Lopez Perez (the petitioner) is a Guatemalan national who entered the United States, without inspection, in 1994. Later that year, she asked for asylum. Her claim rested on three pillars. First, she asserted that, while walking to church in her home town (outside of Quetzaltepeque), she often observed mutilated corpses in plain sight. Second, she asserted that, after she left Guatemala, her husband (who suffers from Parkinson’s disease) was victimized by relatives; the relatives stole from him and threw rocks at the house in which he lived. Third, she asserted that, if she were repatriated, she would be at risk of grave harm because Guatemalans perceive those who return from the United States as wealthy (and, thus, ripe for plunder).

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