Filed: Sep. 05, 2013
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1302 JOYCE WANJIKU THUKU; MWANZIA THUKU, a/k/a Muanzia Thuku; MOSES MWANGI THUKU, a/k/a Moses Muangie Thuku; KARUNGU THUKU; NYAMBURA THUKU, a/k/a Umbura Thuku, Petitioners, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: August 20, 2013 Decided: September 5, 2013 Before NIEMEYER, AGEE, and FLOYD, Circuit Judges. Petition denied by unpub
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1302 JOYCE WANJIKU THUKU; MWANZIA THUKU, a/k/a Muanzia Thuku; MOSES MWANGI THUKU, a/k/a Moses Muangie Thuku; KARUNGU THUKU; NYAMBURA THUKU, a/k/a Umbura Thuku, Petitioners, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: August 20, 2013 Decided: September 5, 2013 Before NIEMEYER, AGEE, and FLOYD, Circuit Judges. Petition denied by unpubl..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1302
JOYCE WANJIKU THUKU; MWANZIA THUKU, a/k/a Muanzia Thuku;
MOSES MWANGI THUKU, a/k/a Moses Muangie Thuku; KARUNGU
THUKU; NYAMBURA THUKU, a/k/a Umbura Thuku,
Petitioners,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: August 20, 2013 Decided: September 5, 2013
Before NIEMEYER, AGEE, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., Arlington,
Virginia, for Petitioners. Stuart F. Delery, Acting Assistant
Attorney General, Richard M. Evans, Assistant Director, Margaret
A. O’Donnell, Office of Immigration Litigation, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Petitioners Joyce Wanjiku Thuku and her four children,
natives and citizens of Kenya, petition for review of the Board
of Immigration Appeals’ (“Board”) order dismissing the appeal of
the immigration judge’s order denying Thuku’s application for
withholding of removal. * We have thoroughly reviewed the record,
including Thuku’s declaration, the various supporting documents
presented to the immigration court, and the transcript of the
merits hearing. We conclude that the record evidence does not
compel a ruling contrary to the immigration judge’s finding that
Thuku failed to demonstrate a nexus between her past persecution
and claimed fear of future persecution and the statutorily
protected grounds. See 8 U.S.C. §§ 1231(b)(3)(A), 1252(b)(4)(B)
(2006). Our review of the record further confirms that
substantial evidence supports the Board’s decision to uphold the
immigration judge’s denial of Thuku’s application for
withholding of removal. See Gomis v. Holder,
571 F.3d 353, 359
*
Thuku’s four children were riders on her application,
through which Thuku sought only withholding of removal.
(Petitioners’ Br. at 2 n.2). This court has held that “the
statute permitting withholding of removal does not encompass
derivative withholding claims, that is, claims for withholding
of removal based on persecution to another person; instead, an
alien seeking withholding of removal must establish that they
will suffer harm if removed.” Niang v. Gonzales,
492 F.3d 505,
513 (4th Cir. 2007). Both the Board and the immigration judge
acknowledged the limitation on derivative claims for withholding
of removal, and Thuku does not contest this issue.
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(4th Cir. 2009) (explaining the “high degree of deference” this
court affords to the Board’s “determination of eligibility for
withholding of removal”).
Accordingly, we deny the petition for review for the
reasons stated by the Board. See In re: Thuku (B.I.A. Feb. 5,
2013). We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
PETITION DENIED
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