The Eighth Circuit has denied a petition for review from a Honduran mother and her son whose applications for asylum, withholding of removal, and protection under the Convention Against Torture were denied by an Immigration Judge and affirmed by the Board. The petitioners argued that procedural errors by the Immigration Judge violated due process. The court assumed there were errors without deciding the question, but held that the petitioners failed to show prejudice, since the mother conceded Honduran citizenship and offered only speculation about evidence she might have presented.
The court also rejected the proposed particular social group of "Honduran citizens who refused to comply with gang demands" for lack of particularity and social distinction and held that generalized opposition to gang activity does not establish an imputed political opinion under INS v. Elias-Zacarias. Because asylum failed, withholding failed as well. On CAT, the mother never reported gang activity to the police, so officials were not shown to be aware of the threat, and generalized evidence of criminal infiltration of Honduran institutions did not establish government acquiescence.
The full text of Alvarenga v. Blanche can be found here: https://ecf.ca8.uscourts.gov/opndir/26/10/252780P.pdf