United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2097 ___________________________ Wilfred Vasquez-Lopez, also known as Wualfren Vasquez-Lopez lllllllllllllllllllllPetitioner v. Merrick B. Garland, Attorney General of the United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: April 14, 2021 Filed: July 12, 2021 [Unpublished] ____________ Before SMITH, Chief Judge, COLLOTON and ERICKSON, Circuit Judges. ____________ PER CURIAM. Wilfred Vasquez-Lopez is a native and citizen of Guatemala who petitions for review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal under the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. We deny the petition. Vasquez-Lopez entered the United States on an unknown date near McAllen, Texas without inspection. On November 15, 2011, the Department of Homeland Security initiated removal proceedings against him. Vasquez-Lopez conceded removability, and the IJ designated Guatemala as the country of removal. Vasquez- Lopez subsequently applied for asylum and withholding of removal on the ground that he had suffered persecution on account of an imputed anti-gang political opinion. In support of his application, Vasquez-Lopez testified that he left Guatemala because a gang leader named Nehemias brutally attacked and threatened him. Vasquez-Lopez was a farmer and baker in Caserio Vista Hermosa, San Antonio Sacatepequez, Guatemala. The municipality’s mayor appointed Vasquez-Lopez to serve as an unpaid auxiliary government employee for one day a week and threatened to disconnect his public utilities if he refused the appointment. At no time was Vasquez-Lopez a member of a political party, nor did he ever seek any public office. In early January 2011, there was a warrant for Nehemias’s arrest and, as part of his duties as an auxiliary employee, Vasquez-Lopez placed a note under the door of Nehemias’s home. When Nehemias failed to appear for court, Vasquez-Lopez led police officers to Nehemias’s home. A few days later, Nehemias went to Vasquez-Lopez’s home and told Vasquez- Lopez that he would not “get away” with bringing the police to his house. Then, on the night of January 12, 2011, Nehemias and a group of people beat Vasquez-Lopez. During the beating, Nehemias told Vasquez-Lopez it was because he brought police officers to his house. Fearing retaliation, Vasquez-Lopez did not report the attack to the police. After community members warned Vasquez-Lopez that Nehemias was threatening to kill him, Vasquez-Lopez moved with his family to another town about -2- three hours away. Due to continued fear of Nehemias, Vasquez-Lopez fled Guatemala. The IJ found Vasquez-Lopez credible but denied his application because he failed to show his attackers were motivated by his imputed political opinion or any other statutorily protected trait, or that the harm was inflicted by persons the Guatemalan government is unable or unwilling to control. The IJ also found that Vasquez-Lopez failed to show he was unable to relocate within Guatemala. Vasquez- Lopez appealed, and the BIA summarily affirmed the IJ’s decision. To be eligible for asylum, …
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