Case Explained: Nuria Maricela Argueta-Rodriguez; J.I.C.A.; Gilman Ernesto Cortez Cucufute; Josseline Gilmary Cortez-Argueta v. Todd Blanche, Attorney General of the United States1

Court: United States Court of Appeals for the Eighth Circuit Filed: 2026-08-17 The eighth-circuit denied the petition for review filed by Salvadoran citizens and their children seeking asylum, withholding of removal, protection under the Convention Against Torture (CAT), and reinstatement of voluntary departure. The court held that the Board of Immigration Appeals (BIA) correctly determined the Petitioners’ proposed particular social groups were not cognizable because they were impermissibly defined by the persecutory conduct itself, a legal conclusion reviewed de novo. Because the failure to establish a cognizable particular social group independently disposes of the asylum and withholding of removal claims, the court declined to address the Petitioners’ challenges regarding past or future persecution or the one-year time bar for filing asylum applications. Furthermore, the court found substantial evidence supported the denial of CAT protection, noting that the government does not acquiesce in torture merely by being aware of it and that relocation within El Salvador was possible. Finally, the court dismissed the request to reinstate voluntary departure for lack of jurisdiction under 8 U.S.C. § 1252(a)(2)(B)(i), which prohibits judicial review of judgments regarding the granting of voluntary departure relief. As a result, the BIA’s order denying all forms of relief and ordering removal to El Salvador remains in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.