Leiva-Perez v. Holder
United States Court of Appeals for the Ninth Circuit
640 F.3d 962 (2011)
Facts
William Leiva-Perez (plaintiff) came to the United States from his native country, El Salvador, and sought asylum. Leiva-Perez alleged that he had been subjected to extortion and beatings in El Salvador by individuals affiliated with a political party. Leiva-Perez asserted that he had suffered this treatment as a form of political persecution. The immigration judge denied his application for asylum. The Board of Immigration Appeals (BIA) (defendant) upheld the decision, holding that Leiva-Perez had merely a generalized fear of violence that was insufficient to support an asylum claim. Leiva-Perez filed a petition for review of the BIA’s decision and withholding of removal proceedings. Leiva-Perez also filed a motion for stay of removal while his petition was pending, and the stay motion came before the court of appeals.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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