Guatemalan Gang Slashing Wasn't Persecution, 8th Circ. Says

By Mike LaSusa (May 12, 2022, 6:34 PM EDT) — A Guatemalan citizen whose face was cut by gang members doesn’t qualify as a refugee because the incident that led him to flee to the U.S. was a one-time occurrence that doesn’t count as persecution, the Eighth Circuit ruled Thursday.

A three-judge appeals panel backed an immigration judge’s ruling, later affirmed by the Board of Immigration Appeals, that denied Diego Cesar Tojin-Tiu’s request for asylum and protection from deportation.

“The single violent encounter with gang members does not rise to the ‘extreme concept’ of persecution, which ‘excludes low-level intimidation and harassment,'” the panel said.

According to the Eighth Circuit’s opinion, Tojin…