U.S. Court of Appeals for the Eighth Circuit, 2024

Eulalia Tino-De La Cruz v. Merrick Garland

Eulalia Tino-De La Cruz v. Merrick Garland
U.S. Court of Appeals for the Eighth Circuit · Decided September 13, 2024

Eulalia Tino-De La Cruz v. Merrick Garland

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 24-1642 ___________________________ Eulalia Lourdes Tino-De La Cruz; P.M.Z.T.

Petitioners v. Merrick B. Garland, Attorney General of the United States Respondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: September 10, 2024 Filed: September 13, 2024 [Unpublished] ____________ Before GRASZ, STRAS, and KOBES, Circuit Judges. ____________ PER CURIAM.

Eulalia Lourdes Tino-De La Cruz, on behalf of herself and her child, see 8 U.S.C. § 1158(b)(3)(A)–(B), challenges the denial of asylum and withholding of removal. We have already rejected the argument that a deficient notice to appear deprives the immigration court of jurisdiction. See Tino v. Garland, 13 F.4th 708, 709 (8th Cir. 2021) (per curiam); see also id. at 709 n.2 (concluding that Niz-Chavez v. Garland, 593 U.S. 155 (2021), “d[id] not . . . disturb[] our jurisdiction-related precedent”). And substantial evidence supports the conclusion that any persecution she suffered or fears is not “on account of [her] membership in a particular social group.”1 Martinez-Galarza v. Holder, 782 F.3d 990, 993 (8th Cir. 2015) (explaining the standard of review and what sorts of persecution qualify). We accordingly deny the petition for review. See 8th Cir. R. 47B. ______________________________

Given this conclusion, it is unnecessary to address the other arguments she raises. See Tino, 13 F.4th at 710; see also Chay-Velasquez v. Ashcroft, 367 F.3d 751, 756 (8th Cir. 2004) (discussing waiver). -2-

Case-law data current through December 31, 2025. Source: CourtListener bulk data.